LAWS    OF    GEORGIA 

PASSED    IN 
NOVEMBER  [AND   DECEMBER*    1863, 

AND 


MARCH,     1864. 


-      i  T   if 


r.    I  •    -- 


George  Washington  Flowers 
Memorial  Collection 

DUKE  UNIVERSITY  LIBRARY 


ESTABLISHED   BY  THE 
FAMILY  OF 

COLONEL  FLOWERS 


ACTS 


OF   THE 


GENERAL    ASSEMBLY 


OF     THE 


©T,J3l1?3E3    O^    G-EOB.GIA 


PASSED  IN 


MILLEDGEVILLE 


AT    AN 


ANNUAL  SESSION 

IN 

NOVEMBER    AND    DECEMBER,    1863; 

ALSO, 

EXTRA  SESSION  OF  1SG4. 


IMItlltlHIl     KY    AITIIOKITY. 


IfflXEDGEVILLE  i 

BOUGHTON,  NISBET,  BAIJNES  A  MOORE,  STATE  PRINTERS. 

18C4. 


TABLE  OF  TITLES.  DIVISIONS,  4c. 


PART  I. 


PUBLIC  LAWS 

Title  I.— APPROPRIATIONS. 

»  II.— ASYLUMS. 

«  IIL— BANKS  AND  BANKING 

«  IV.—COUNTY  OFFICERS. 

«  V.— DISTILLATION. 

«  VI.— EDUCATION. 

«  VII.— ELECTIONS. 

«  VIII.— EX'RS,  ADM'RS,  GUARDIANS  AND  TRUSTEES. 

"  IX.— GENERAL  ASSEMBLY. 

"  X.— INSURANCE  COMPANIES. 

♦•  XL— JUDICIARY— AMENDMENTS  TO  CODE. 

«  XII.— MILITIA. 

•«  XTII.  -OATHS. 

"  XIV.— PAUPERS. 

«  XV.— PENAL  CODE. 

•«  XVI.— RAILROADS. 

"  XVII.— RELIEF. 

«  XVIII.— SOLDIERS  AND  SOLDIERS'  FAMILIES. 

•"  XIX.— STATE  HOUSE  OFFICERS— CLERKS, SALARIES,  &c. 

M  XX  —TAXES  AND  REVENUE.   . 


-:or- 


PART    II. 


PRIVATE  AND  LOCAL  LAWS. 


Title  I— CITIES  AND  TOWNS. 

"  II.— CITY  COURTS. 

"  III.— CORPORATIONS.      * 

ii  IV.—COUNTY   LINKS. 

«  V.— COUNT?  REGULATIONS. 

"  VI.— EDUCATION. 

"  VII.— RELIEF. 

-"  VIII.— TAXES. 


STATUTES  OF  GEORGIA 

PASSED    BY   THE  • 

GENERAL  ASSEMBLY  OF  1863 


PART  1.— I'liBLIC  LAWS. 


TITLE   I. 


APPROPRIATIONS, 


-'     3. 
'•"     4. 

u<    5. 
"    6. 

"     7. 

■"    8. 

«■    9. 

"  10. 
n  11. 

■  12. 


Sec.  1.  Salaries  of  Governor,  Secretary  of 
State,  Treasurer,  Comptroller  General, 
Secretaries  of  Exeeuth  e  Department, 
Mi  senger.  Librarian,  Attorney  and 
Solicitors  General,  and  Reporter  of 
Supreme  Court!  Extra  pay  to  Clerk 
of  Supreme  Court  for  stationery  and 
adv<  rtising.  Salaries  oi  Jo< 
the  Sn]  I  and  ofthe  Superior 

Courts. 

"  2.  Contingent  Fund.  Printing  Fund.— 
Pay  for  cleaning  and  airing  Rep.  Hall 
and  Senate  Chamber.     State  House 

Clock. 

Pay  of  Presid  e  and  Speak- 

er  of  House-     Per  diem  and  mileage 
ef  members  of  General  Assembly. 

Pay  of  Secretary  of  Senate  and  Clerl 
of  House  ot  Representatives.  Contin- 
gent expenses  of  same  officers.  Pay 
Clerks  of  standing  committees  in^eacn 
branch. 

Pay  of  Doorkeepers  and  Messengers. 
Attending  to  chandaliers. 

Authorizing  payment  for  services  and 
labor  directed  by  General  Assembly, 
and  no  appropriations  made. 

Appropriations  for  salaries  to  continue 
till  salaries  changed  by  law. 

Advances  to  salaried  officers. 

Georgia  Relief  mid  Hospital  Associa 
tiou. 

Purchase  of  clothing,  shoes,  &c.,  of 
soldiei  a  from  Ga. 

Subport  of  indigent  widows  andoipharm 
oi  soldiers,  and  Indigent  soldiers  them 
selves,  and  mod*  of  providing  means. 

Salt  supply,  &.c.  For  purchase  and! 
manufacture  of  cards. 


i;. 

IS. 


19. 


Sec.  13.  Payment  of  public  debt,  &e. 
"  1 1.  Salary  Superintendent  Ga.  Military  In- 
stitute. 
"  15.  Military  Fund. 

"   16.  Pay  of  guard  at   State  Magazine  and 
Military  Storekeeper. 
Pay  Recording  Clerk  Ex.  Dep't. 
Pay  Page  House  Reps'.    Per  diem  and 
r  to  \V:n.  Herrington, deceased, 
Rep.  from  Terrell  county. 
Toreimburse  Messrs.  Warren  and  Gra- 
ham for  expenses  in   accompanying 
remains  of  Mr.  Herrington. 

20.  Advance  to  Public  Printer. 

21.  Hennin^sen  Hospital,  Richmond,  Vs. 

"  22.  Gov.  authorized  to  import  military  sup- 
plies, export  cotton,  purchase  steanu  r, 

"    23.   Stationery  for  Ex    Dep't. 

"  24.  Extra  allowance  to  Doorkeepers  House 

and  Si 
"  23.  To  Hon.  Richard   Clark  for  services  in 

preparing  Code. 
"  26.  Expenses  of  Committee  to  Academy  for 

Blind. 
'  27.  To  Rev.  Sam'l  Higgins  for  Fast  Day 

sermon.    Secretary  of  State  for  fuel, 

lights  and  other  contingencies, 
•'  28.  Support  of  State  Lunatic  Asylum. 
'•  29.  To  Rev.  Jos.  J.  Ridley,  for  services  as 

chaplain. 
"  DO.  For  purchase  of  foigcs,  hammers  and 

gudeona 
"  31.  To  J.  S.  Walker  and  K.  B.  Knight,  for 

services  to  ( lonferenee  ( lommittee  on 

Militia  Pill. 
"  32.  Pay  of  Compiler  of  laws.    To  commit- 
tee for  preparing  Great  Seal. 


(No.  1.) 

An  Act  to  jirovidc  ftr  raising  a  revenue  for  the  political  year  1S64, 
and  to  appropriate  money  for  the  support  of  the  Government  during 
said  year,  and  to  mukr  certain  special  appropnations%  and  for  otlicr 
purposes  therein  mc?itioncd. 

1.  Section  I.  lie  it  enacted  by  the  General  Assembly  of  Georgia, 
That  the  following  sums  of  money  be,  and  the  same  are  hereby 


PUBLIC  LAWS— Appropriations. 


Salary  of  Governor — Salaries  of  State  House  Officers — Solicitors  General. 


appropriated  to  the  respective  persons  and  objects  hereinafter 
sd^x,  0f  named,  viz  :  The  sum  of  four  thousand  dollars  to  his  Excellency 
<wroor.  ^e  Qovcrnor  as  },js  salary  for  the  year  1864  ;  and  the  further  sum 
lut^rwof  three  thousand  dollars,  each,  to  the  Secretary  of  State  and 
c'rmpti;  Treasurer,  and  the  sum  of  three  thousand  dollars  to  the  Comptrol- 
s^TJurir.ofl^r  General,  for  the  year  1SG4  ;  and  the  sum  of  tvvo  thousand  five 
»^hiT.ut,  hundred  dollars,  each,  to  the  Secretaries  (not  exceeding  two)  em- 
i^two'ed'  ployed  in  the  Executive  Department,  for  the  year  1SG4  ;  and  the 
BfHif-»(rr.  sum'  of  six  hundred  dollars  to  pay  the  Messenger  of  the  Executive 
state  Libra-Department  for  the  year  1S64  ;  and  the  sum  of  one  thousand  dol- 
■*■"■  lars  to  the  State  Librarian,  as  his  salary  for  the  year  1864 ;  and 

s.tiSrTi*ndthe  sum  of  two  hundred  and  twenty  five  dollars  to  each,  the  State's 
General.  Attorney  and  the  Solicitors  General,  for  the  year  1864  ;  and  the 
supreme  c,0t.  sum  of  one  thousand  dollars  to  the  Reporter  of  the  decisions  of 

the  Supreme  Court,  as  his  salary  for  the  year  1864  ;  and  the  fur- 
i!frremef  c* ^er  8um  °^  s*x  hundred  dollars  be,  and  the  same  is  hereby  appro- 
rortutio.ery  priated  to  pay  the  Clerk,  of  the  Supreme  Court  for  the  Correction 

and  adyertu- r  5-  i        •  *  i        i  •    ■  •  r>  n 

i°«-  of  Errors,  for  stationery  and  advertising  notices  of  the  meeting  of 

judgei  of su.sai(]  Court  in  the  year  1864  ;  and  the  sum  of  thirty-five  hundred 

prame  Court.  **  J 

dollars  to  each  Judge  of  the  Supreme  Court,  as -his  salary  for  the 
jJerioT^rly631*  1864  ;  and  the  sum  of  twenty-five  hundred  dollars  to  each 

Judge  of  the  Superior  Court,  as  his  salary  for  the  year  1864. 
contingent        2.  Sec.  II.  Be  it further  enacted,  That  the  sum  of  fifty  thousand 
,und-  dollars  be,  and  the  same  is  hereby  appropriated  as  a  contingent 

priDUngfimdfund  for  the  year  1864  ;  and  the  sum  of  thirty  thousand  dollars  be 
^current   appropriated  for  a  printing  fund  for  the  current  year,  and  in  case 
of  a  deficiency  in  this  appropriation,  the  Governor  is  hereby  au- 
thorized to  draw  his  warrant  on  the  Treasury  for  the  deficit,' to  be 
paid  out  of  any  money  in  the  Treasury  not  otherwise  appropriated  ; 
ai,ru^i,Rtp.nd and  the  sum  of  seventy-five  dollars  to  the  person  selected  by  the 
itec^mw Governor  to  keep,  clean,  scour,  air  the  chambers,  &c,  of  the  Sen- 
ate Chamber  and  Representative  Hall,  for  the  year  1S64  ;  and  the 
«!ock.  HouBe sum  of  fifty  dollars,  or  so  much  thereof  as  may  be  necessary,  to 
pay  for  repairing  and  keeping  in  order  the  State  House  clock,  tor 
Pay;for  state  the  year  J  864 ;  and  the  sum  of  twenty-four  hundred  dollars  to  pay 
Bowe guard. the  gtate  House  Guard  for  the  year  1864. 

pay  of  Pn-si-      **•  $EC'  m*  &e  'f  farther  enacted,  That  the  sum  of  ten   dollars, 
l^tewd18 ea(?h,  per  day,  be  paid  to  the  President  of  the  Senate  and  Speaker 
uwbSum!  °f  *ne  House  of  Representatives,  during  the  present  session  of  the 
Mileage      General  Assembly,  and  the  sum    of  five  dollars  for  every  twenty. 
miles  of  travel,  going  to  and  returning  from  the  seat  of  Govern- 
ment, the  distance  to  be  computed  by  the  nearest  ro'ute  usually 
traveled  ;  and  that  the  sum  of  six  dollars,  each,  per  day,  be  paid 
number".  °  to  the  members  of  the  General  Assembly,  during  the  present  ses- 
Jiiieage.       sion,  and  five  dollars  for  every  twenty  miles  of  travel,  going-  to 
and  returning  from  the  Capitol,  under  the  same  rules  which  apply 
to  the  President  of  the  Senate  and  Speaker-  of  the  House  of  Re- 
Proviao.       presentatives  ;  provided,  that  no  member  of  the  General  Assembly 
shall  receive  pay  for  the  time  he  maybe  absent,  unless  his  ab- 


PUBLIC  LAWS— Appropriations. 


Secretary  of  Senate  and  Clerk  of  House  of  Representatives— Doorkeepers  and  Messengers. 

sence  was  caused  by  the  sickness  of  himself  or  family,  or  he  had 
leave  of  absence  granted  by  the  Senate  or  House  for  satisfactory 
reasons. 

4.  Sec.  IV.  Be  it  further  enacted.  That  the  Secretary  of  the*v»r  ■««•• 
Senate  be  paid  the  sum  of  eighty-seven  dollaas  and  fifty  cents  per«"y/f  Sca' 
day  for  the  present  session,  and  the  Clerk  of  the  House  of  Repre-C1«*  «' -a» 
sentatives  be  paid  one  hundred  dollars  per  day  for  the  present  ses-Mou*"' 
sion,  out  of  which  sums  they  shall  pay  all  their  assistants  and 
sub-clerks;  provided,  that  no  warrant  shall  issue  in  favor  of  either  Frtri"~ 
until  his  Excellency  the  Governor  shall  have  satisfactory  evidence 
that  they  have  carefully  marked  and  filed  away  all  reports  of 
standing  committees  and  all  papers  of  importance  connected  with 
either  house  ;  and  the  sum  of  seventy-five  dollars,  or  so  much 
thereof  as  may  be  necessary,  is  hereby  appropriated,  each,  to  theSS52"r 
Secretary  of  the  Senate  and   Clerk  of  the  House  of  Represents ofs^S 
tives,  to  defray  the  contingent  expenses  of  their  respective  offices,  hou^'  tho 
at  the  preseut  session  of  the  General  Assembly  ;  and  that  the  sumPayorcwb, 
of  ten  dollars  ^e>-  diem  be  appropriated  to  pay  the  Clerks   of  the •ommiuj".1'6 
standing  committees  of  the  Senate  and  House  of  Representatives  ;  branch?11 
provided,  that  the  Auditing  Committee  of  either  the  Senate  orfrovue 
Hquse  shall  not  be  authorized  to  audit  said   Clerks''  accounts  for 
any  greater  number  of  days  than  shall  be  certified  to  by  the  Chair- 
man of  the  Committee  to  which  he  was  clerk. 

5.  Sec.  V.  Be  it  further  enacted,  That  the  sum  of  six  dollars  per 

day  be  paid  to  each   of  the  Doorkeepers  and  Messengers  of  the^p"»D°»«d 
Senate  and  House  of  Representatives,  at  the  present  session  of  the'  ei""D&t'r8" 
General  Assembly,  and  the  same  mileage  tc  each  of  said  Door-Mil<as*>- 
keepers  and  Messengers  as  is  paid  to  the  members  of  the  General 
Assembly ;  and  that  the  sum  of  fifty  dollars,  or  so   much  thereof 
as  may  be  necessary,  is  hereby  appropriated  for  cleaning,  lightingM^ingcimn* 
and  keeping  in  order  the  chandaliers  of  the   Senate  Chamber  anda',liers' 
Representative  Hall,  during  the  present  session  oTthe  General  As- 
sembly. 

6.  Sec.  VI.  Be  it. further  enacted,  That  in  all  cases  where  the tuJSmmS^ 
General  Assembly  directs  the  performance  of  any- service  or  labor ^SEwS^ 
for  which  no  provision  is  made  for  compensation,  the  Governor  is j[,0rS££e£^ 

hereby  authorized  to  draw  his  warrant  on   the  Treasury   for  suchi;"UI'r0Tid,5d 
sum  or  sums  ;is  in  his  judgment  may  be  a  just  compensation. 

7.  Si..'.  VIJ.    ]l  /'/  further  enacted,   That  the  various  sums  of  flu* ^erropria- 

*  iH'iiH  lor  ialo- 

annual  salaries  ol  all  the  officers  of  this  State  whose  Salaries  are'ir,,'01!"1"" 

i  en  uil    rnang- 

fixed  by  law,  be,  and  the  same  are    hereby   appropriated  annually, ,d Lj  law- 
to  pay  said  salaries,  until  they  are  otherwise  altered  bj  law. 

8.  Sec.  YIll.  /><  Ufurther^eHactcd,  That  the  Treasurer  be  author* Airtn 
i/.ed  to  pay  from  time  to  time  to  the  officers  of  the  Government Twewm  \l 

i  i  *     •  -ill-  r.  »»l»rled    »1U- 

whose  salaries  are  appropriated  by  t!  i  euty-five  per  cent  of cttt- 

the  amount  for  which   service  has   been    actually   rendered,  at  tin- 
date    of  such   payment,  taking    receipts  from   said  officers  for  the 

same,  which  receipts  shall  be  his  vouchers,  and  are   hereby  dechir- 


TUBLIC  LAWS— Appropriatioxs. 

Georgia  Relief  and  IWpitfil  Association— Clothing  for  Soldiers— Soldiers  Finn ilies. 

ed  offsets  to    the  extent    of  said  payment,  to  executive  warrants, 
drawn  at  the  end  of  the  quarter  for  said  officer's  salai^*. 

9.  Sec.  IX.  Be  it  further  enacted,  That  the  sum  of  five  hundred 
;;roVr. thousand  dollars  be,  and  the  same  is  hereby  appropriated  for  the 

iio.p^A- "  Georgia  Relief  and  Hospital  Association",  to  be  dnawn  and.  ex- 
piation.     pen,]ed    according  to  an  Act,  entitled  "  An  Act    to '  appropriate 

funds  to  the  uses  of  the  Georgia  Relief  and  Hospital  Association", 

assented  to  Dec'r  12th,  1S62. 

10.  Sec.  X.  Be  it  further  enacted,  That  the  sum  of  two  millions 
five  hundred  thousand  dollars,  or  so  much  thereof  as  may  be  ne- 

£nn7oPrnaPm-cessary,  be,  and  the  same  is  hereby  appropriated  for  the  purchasing 
i^w''.'tcand  procuring  clothing,  shoes,  caps  or  hats,  for  all  the  privates  and 
blnot"  non-commissioned  officers,  who  are  now  or  may  hereafter  be  in  the 

army  of  the  Confederate  States,  from  this  State,  during  the  present 

war. 
*\?r  *npport      ii.  gEC#  XL  Be  it.  further  enacted,  That  the  sum  of  six  millions 

of    indigent  J  \  ' 

widow.  ai"i0f  dollars ,  or  so  much  thereof  as    may   be  necessarv,  be,  and  the 

orphans     of  •*  /••'■»••  1 

,r"  j»  same  is  hereby  appropriated  tor  the  support  of  indigent  widows 
wdus'foiin-  an(j  orohans   of  soldiers,  and   indigent   families  of   soldiers,  who 

■digent     farm-  «.  o  •  *» 

iMofioWierjujay    foe    \n    the    public    service,    and    for   the   support   of  m- 

aud    mdigfcml  J  l  ii 

/.[.'Indigent  soldiers,  who  may  be  disabled  by  wounds  or  disease, 
aided ' in  6er-jn  t}ie  service  of  this  State  or  the  Confederate  States,  for 
oov  anthor^11^  during  the  year  1864,  and  if  necessary,  Kis  Excellency  the 
iz-d'to  bor-  Governor,  is  hereby  authorized   to  borrow  the  money  or  to  issue 

row  m»ney  '  ,      J  .  .  •>  . 

State  bonds  bearing  no  greater  interest  than  six  per  cent,  which 

per  c  'nt  i  ~.~  1  i    *     ■  1    •  1  1 

»nd»r.'«tai"  bonds  shall  be  sold  in  the   market  to  the  highest  bidder,  in    an 

conditions.  m  *»    •        ■    r  '  •  i  i    •  1  1 

amount  sufficient  ior  said  purpose,  and  in  such  sums  as  may  be 

needed  from  time  to  time  to  effect  the  object  of  said  appropriation. 

Proenriai    .      jo.  Sec.  XII.  Be  it  further  enacted.  That  the  sum  of  five  hun- 

Biipplyol  salt.  •/  n  t 

dred  thousand  dollars,  or  so  much  thereof  as  may  be  necessary,  be, 
and, the  same  is  hereby  appropriated,  to  be  used  for  the  purpose'  of 
supplying  the  people  of  Georgia  with  salt,  as  directed  by  an  act 
entitled  an  act  to  provide  for  the  supply  of  the  people  of  Georgia 
with  salt,  and  to  appropriate   money  for  the  accomplishment  of 
^m.ettcm1m'-that  object,  assented  to  Dec  6th,  1862;  and  that  the  sum  of  two 
S£S"r*«a«  hundred  thousand  dollars,  or  so  much  thereof  as  may  be  necessary, 
factories,  forbe,  and  the  same  is  hereby  appropriated  out  of  any  funds  in  the 
Treasury  not  otherwise  appropriated,  for  the  purpose  of  purchas- 
ing cards,  and  procuring  the  necessary   materials  for   carrying  on 
the  work  of  manufacturing  wool  and  cotton  cards,  and  card  cloth- 
ing for  factories. 

13.  Sec.  XIII.  Be  it,  further  enacted,  That  the.  sum  of  one  million 
of  rpTfbi?en  seven  thousand  and  ninety-five  dollars,  or  so  much  thereof  as  may 

be  necessary,  be,  and  the  same  is  hereby  appropriated,  to  pay  any 
portion  of  the  public  debt,  which  may  become  due  within  the  pres- 
ent political  year,  and  to  pay  the  interest  on  State  bonds,  as  may 
be  issued  by  authority  of  any  law,  passed  during  the  present  session 
of  the  General  Assembly,  the  same-to  be  paid  out  of  any  money  in 
"the  Treasury,  n«t  otherwise  appropriated. 

14.  Sec.  XIV.  Be  it  further  enacted,  That  the  sum  of  three  thou- 


PUBLIC  LAWS— Appropriations. 


Siipt.  G*.  Military  Institute — Military  Fund— Guard  State  Afagaaine— Military  Storekeeper. 

sand  dollars  is  hereby  "appropriated  to  pay  the  salary  of  the  Super-  samitaag. 
intendent  of  the  Georgia  Military  Institute,  at  Marietta.  StJ*    lu" 

15.  Sec.  XV.  Be  u' further  (nacied,  That  the  sum  of  three  mil- 
lions of  dollars,  or  so  much   thereof  as  may  be  necessary,  be,  andMiutaiyflma 
the  same  is  hereby  appropriated  as  a  Military  fund  for  the  yearfor  J— 
1S64,  to  be  drawn  from  the  Treasury  on  warrants  of  the  Governor, 
from  time  to  time  as  the  same  may  be  required,  to  defray  the  ex- 
penses for  Military  purposes.  . 

x  .'11  #  •  Pay   ,if  suard 

10.  Skc.  XVI.  Be  it  further  enacted,  That  the  sum  of  eight  h  urt- at  state  mm- 
,     ,  ,  i    J,  •  -ii  a""" at  ftI'i- 

cred  dollars,  or  so  much  thereof  as  may  be  necessary,  is  hereby  ap-isdgevuie. 

propriated,  to  pay  for  the    guard  at  the  Statu  Magazine,  at  Mill- 

edgeville,  for  the  year  1864  ;  and   the  sum  of  nine  hundred  dollars ^^3^pw< 

to  pay  the  Military  store  keeper  in  the  city  of  Milledgeville. 

17.  Sec.  XVI!.  Be  it  further  enacted,  That  the  sum  of  twenty-five  pay  ror  Re- 
hundred  dollars  be,  and  the  same  is  hereby  appropriated,  to  pay  tix  ,',;;;,'; ',lr 
recording  Clerk  of  the  Executive  Department,  lor  the  year  L864. 
1   18.  Sec.  XVIII.  And  be  it  further  enacted,  That  the  sum  of  one  rare    for 
hundred  and  fifty  dollars  be,  and  the  same  is  hereby  appropriated  it 
to  pay  Iverson  L.  Hunter  for  his  services  as  page  of  this  House  for 
the  present  session  of  the  General  Assembly.     And  that  the  sum 
of  three  hundred  and  seven  dollars  ,.nd  fifty  rents  be  appropriate^  i^Mt^1* 
to  pay  the  per  diem  and  mileage  of  the   Hon.    William    Herrington  \ 
deeceased.  Representafive  from  Terrell  county,  and  that  K.J.  War-;;;;;,  ''^J,™  i 
ren  be  authorized  to  receive  the  same  and  pay  it  over  to  his  rep- 
resentatives. Mr^WtaS 

19.  SEC.  XIX.  Be  it  Jurthcr  cnacica],  That   thesum  of  thirty-fivi 
dollars  each,  be  appropriated  to  reinburse  lions.  Mr.   Warren  of;1;.^;"'^ 
Lee,  and  Mr.  Graham  of  Clay,  for  expenses  incurred  in  accompa-;^;1"^.,;/1 
nying  the  remains  of  the  Hon.  Mr.'Herrington  to  his  residence.       Harrington. 
#  20.  Sec.   XX.  Be  it  further  enacted,  That  the  sum  of  three  thou- 
sand dollars  be,  ami  the  same  is  hereby  appropriated  as  an  ad vance ^anoe^ 
to  Messrs.  Boughton,  Nisbet.and  Barnes,  on  the  State  printing  for--'- 
the  year  1863,  and  that  the  Treasurer  be, -and  he  is  hereby  authori- 
sed   to   pay   the  same  to  said  State  Printers,  on  the  warrant  of  his 
Excellency  the  Governor,  of  this  State. 

21.  Sec.  XXI.  Be  it Jurther  enacted,  That  the  sum  of  five  thou- Ej'gSgS 
sand  dollars  be  appropriated  for  the  use  and  benefit  of  theJ3enning-!£j,$^g* 
sen  Hospital,  at  Richmond  Va.;  and  the  Governor  is  authorized r^,wnwbyA_ 
and  required  to  draw  his  warrant  on  the  Treasury  in  favor  of  Mrs.  1I""ln«»ea- 
W.  A.  Henningsen  for  said  sum  of  five  thousand  dollars. 

l»l\  Sec.  XXII.   Be  it  further  enacted,  That  the  Governor  be  and  "^.^Tin"* 
he  is  hereby  authorized  to  import  any  of  the  Military  supplies  ne-Kr^r-pii^ 
cessary  to  be  purchased  for  the  use  of  our  troops,  under  any  of  the  aw.  to  r*. 
provisions  of  this  Act  ;  and  to  use  all  the  means  and   take  all  thelthrr  mm- 
risks   necessary  to  accomplish  this  object,  and  if  necessary,  in  hispn^Vof 
opinion,  he  m  authorized  to  purchase  one  good  swift  steamer,  to  betoViX«% 
used  in  running  the  blockade,  for  the  purposes  aforesaid,  to  export ^»°r7. 
cotton  or  other  commodities,  to  be  used  in  place  of  exchange,  in 
the  purchase  »f  the  necessary  supplies.     For  the  purpose   of  pur- 


10  PUBLIC  LAWS — Appropriations. 


'  Stationery  for  Ex.  Dep.— Hon.  Bioh'd  Clark — Committee  on  Academy  for  the  Blind — Rev.  Snm'l  Iliggins 

i^I  t*ut p-r*.  chasing  such  steamer  the  Governor  is  authorized  to  purchase  and 
tX^Sth!?1  sell  or  hypothicate  cotton,  or  to  issue  and  sell  or  hypothicate  bonds 
uf  this  State,  bearing  six  per  cent  interest,  payable  semi-annually, 
JSSf'StJE^tbe  principal  payable  twenty  years  after  this  date;  Provided,  that 
ProTiio.       the  sum  expended   for  each  purchase  shall  not  exceed  seven  hun- 
dred and  fifty  thousand  dollars,  which  sum  is  hereby  appropriated 
for  that  purpose. 
rvyuckui     2;J.  Sec.  XXIII.  Be  ii 'further  enacted ',  That  the  sum  of  eighteen 
toSfo^L thousand  dollars  be,  and  the  same  is  hereby  appropriated,  for  the 

purchase  of  stationery  for  the  use  of  the  Executive  Department. 
_  ,     ,.  24.  Sec.  XXIV.  Be  it  further  enacted,  That  the  sum  of  one  hun- 

J£xtra  ali«w-  b .   •/  ,  • 

>»o>toi)oof  firefi  dollars  be  appropriated  to  each,  the  Door  Keeper  of  the  House 
"««'*•  "d  °f  Representatives,  and  the  Door  Keeper  of  the  Senate,  to  pay  for 
negro  hire  necessary  to  discharge  the  duties  of  their  respective  of- 
fices, the  present  Session  of  the  General  Assembly, 
ard  ci'rk  for  .  25.  Sec.  XXV.  Be  it  further  enacted ',  That  the  sum  of  three  hun- 
nrperintend-  dred  dullars  be,  and  the  same  is  hereby  appropriated  to  Richard 
and pr^paHng  Clark  for  his  services  in  superintending  the  printing  of  the  Code  of 
coi'*    ur    Georgia,  and  preparing  an  index  to  the  same. 

To  defray  *x-      26.  Sec.  XXVI.  Be  it  further  enacted ',  That  the  sum  of  two  hun- 

£ommirt.°P    dred  and  thirty-one  dollars  be,  and  the  same  is  hereby  appropria- 

d'mv  for  t'h.-ted  to  defray  the  expenses  incurred  by  the  Committee  who  visited 

the  Asylum  for  the  Blind,  at  Macon,  duiing  the  present  session  of 

the  General  Assembly. 

27.  Sec.  XXVII.  Be  it  further  enacted.  That  the  sum  of  two  hun- 
dred dollars  be,  and  the  same  is  hereby  appropriated  to  Dr.  Samu- 
ToRev  s,™-e^  Higgins,  for  his  services,  and  payment  of  expenses  in  attending. 
adHig^uR    an<J  preaching  a  sermon,  by  invitation  of  the  General  Assembly,  on 

fi.rnrmon  on  •■  °  .    '.     •      _  .  i  '       •         i  i  ,    • 

Ftet Day.      the  late  h  ast  Day,  and  the    Governor  is  authorized  to    draw    his 
warrant  for  the  same  on  the  Treasury,  in  favor  cfsaid  Dr.  Samuel 
lliirgins ;  and  the  farther  sum  of  four  thousand  eight  hundred  and 
To  sbc'j  oft.Wen,ty-five  dollars  and  twenty-five  c^nts  be,  and  the  same  is  here1 
■detVby;  appropriated  to  the. Secretary  of  State,  to  pay  for  fuel,  lights, 
etei  ^rt/'a and  other  contingencies  provided  by  him   for  the  General  Assem- 
•  Sen.rei  a.- bly,  as  per  account  tendered  the  Finance  committee,  to  be  drawn 
on  the  warrants  of  the  Governor,  and  paid  out  of  any  money  in  the 
Treasury,  not  otherwise  appropriated. 
•Vsut','pw      2S-  Sec.  XXVIII.  Be  it  further  enacted,  That    the  sum    of   one 
£ir:i84,,1,un hundred  and  forty-two  thousand  five  hundred  dollars  be,  and  the 
same  is  hereby  appropriated  to  and  for  the  support  of  the  State  Lu- 
natic Asylum,  for  the  year  1SG4,  according  to  the  provisions  of  an 
Act  passed  at  the  present  session  of  the  General  Assembly,  to  ap- 
propriate money  for  the  support  of  the  State  Lunatic  Asylum  for 
the  year  ISO  I. 
Pei  isrvioei      29.  Sec.  XXIX.  Br  it  further,  enacted,  That  the  sum  of  two  hun- 
jr  r,'i  ;.';'- drt'il    dollars  be,  ;uid  the  same  is  hereby  appropriated   to   pay  the 
chapiam  0f  £ey  jj^  j08eph  j  R0iey  for  his  services  as  Chaplain  to  the  Senate 
during  its  present  session,  to  be  paid  out  of  the  contingent  fund. 
30.  Sec.  XXX.  Be  itfur:hcr  enacted,  That  the  sum  of  twenty- 


.PUBLIC  LAWS — Appropriations — Asylums.  11 

Compiler  of  Laws — Great  Seal— Superintendent  Lunatic  Asylum. 

five  thousand  dollars,  or  as  much  thereof  as  may  be  necessary,  is  J0°rg^"^° 
hereby  appropriated,  to  have  cast  twenty  sets  of  forge  hammers™"^"4 
and  gudgeons,  which  may  be  sold  to  persons  at  cost. 

3i.  Sec.  XXXI.  Beit  fur/her  enacted,  That  the  sum  of  fifty  dol-ray^j.j?. 
lars  each,  be  paid  to  James  S.  Walker  and  R.  B.  Knight,  for  servi-R.B.  Knight, 
ces  rendered  the  conference  committee  upon  the  bill  to   reorganize  wnttrwioi 
the  Militia,  in  copying  said  bill,  and  making  out  two  reports  for mm\l mii. 
the  committee.  ■  Pa   tocom- 

32.  Sec.  XX  XI  I.  Be  it  further  enacted,  That  the  sum  of  five  hun-pjj«  of  th.^ 
dred  dollars  is  hereby  appropriated  to  pay  the  Compiler  of  the  laws  »i°u  of  igos. 
of.this  session  of  the  Legislature  ;  and  that  the  sum  of  two  thou- 
sand dollars,  or  so  much  thereof  as  may  be  necessary,  be,  and  theTo  Hon.  ©. 
same  is  hereby  appropriated,  to  pay  George  N.  Lester,  B.  H.  Big-otiumtbcMr- 
ham,  N.  C.  Barnett,  and  S.  S,  Stafford,  commissioners  to  prepare  a  paVug  JUST* 
new  great  seal  for  the  State  of  Georgia,  for  services,  and  to  reim- testate* 
burse  them  such  funds  as  they,  or  either  of  them  may  have  paid  out 
for  the  accomplishment  of  the  said  work.     The  Governor  is  hereby  gov.  to  andit 

,,         •         i  ■..         ,  if  1.  I         ntho    aico»nt» 

authorized  to  audit  the  accounts  therefor,  and  to  pay  so   much  ot  for  preparing 
said  accounts  as  he  may  find  just,  from  any  fund  in  the  Treasury,  not 
otherwise  appropriated. 

Assented  to  Dec'r  14th,  1S63. 


TITLE  II. 


ASYLUMS. 


(Xo.  2.) 


.">.  Contingent  appropriation. 

i'..  Appropriations, how  raisolaud  disburs- 
ed. • 

j  |12.000,  appropriated  to  Georgia  Acade 
my  for  the  Blind. 


8ec.  I.  Salary  of  Superintendent  Lunatic  Asy- 
lum. 

"  2.  Salaries  of  Trnstees,  ether  officers,  and 
hire  of  Servants. 

'•  3.  Bapport  of  pauper  patients. 

"  A.  Purchase  of  provisions. 

An  Act  to  appropriate  money./or  the  support  of  the  State  Lunatic  Asy- 
lum for  tin  year  1SG4,  and  fir  other  purposes. 

1.  SECTION  I.   The  General  Assembly  if  the  Stat'  of  Georgia   cfo safer*  of sn- 
enact,  Thai  the  Bum  of  two  thousand  five  hundred  dollars  be,  and*61 

the  same  is  hereby  appropriated,  to  pay  the  salary  of  the  Superin- 
tendent and  resident  Physician  of  the  State  Lunatic  Asylum  for 
the  year  1864. 

2.  Sec.   II.  And  the  General  Assembly  do  further  enact,  That  from 

and  immediately  alter  the  passage  of  this  act.^he  mum  of  twenty f^jJal* 
thousand  dollars  be,  and  the  same  is  hereby  appropriated,  to  pay^^, 
the  salaries  of  Trustees,  Treasurer,  Bub-officers,  attendants,  and **■ 
servant's  hire,  lor  the  said  Asylum  for  the  vein-   IS64;  Provided, 
such  amount  be  found  necessary  for  said  purposes. 


12  PUBLIC  LAWS— Asylums. 

ngenl  Appropriation — Academy  for  the  Mind. 

Formpport        ::-  Sec.   III.  And  tin  ( i 'eneral  Assembly  do  furt In r  enact)  That  the 

'"|,J'Miin  of  fifty  thousand  dollars,  or  so  much  thereof,  as  may  be  neces- 

.  ;s  hereby  appropriated," for  the  support  of  pauper  patients  in 

said  Asylum,  for  the  ye*ar  1564. 

Appropria-         '•  Sec.  [V.  And  the  General  Assembly  do  further  enact,  That  the 

ch,V  i  of  twenty  thousand  dollars  be,' and  the  same  is  hereby  appro- 

.  :r'"M"  printed  to  supply  the  means  of  purchasing  provisions  in  the  fall  of 

the  year  1864,  for  the  ensuing  year. 

5.  Skc.  V.  And  the  General  Assembly  do  farther  enact,  That  the 
ccatbuai    Bum       fifty  thousand  dollars,  be  and  the  same  is  hereby  set  apart 

and  appropriated,  as  a  contingent  fund,  upon  which  His  Excellen- 
cy the  Governor  is  authorized  to  draw  his  warrant  upon  the  Treas- 
ury, if  the  amount  above  appropriated  for  procuring  supplies, 
should  become  exhausted,  and  his  Excellency  be  satisfied  of  the  ne- 
cessity for  farther  aid. 

6.  Sec.  VI.  And  the  General  Assembly  do  further  enact,  That  the 
STdbbafg-  moneys  hereinbefore  appropriated, shall  be  raised  and  disbursed,  in 
•*■            the  manner  and  under  the  same  limitations  and  restrictions  as  are 

prescribed  in  the  fourth  and  fifth  sections  of  an  Act,  entitled  "An 
act  to  appropriate  money  for  the  support  of  the  State  Lunatic  Asy- 
lum, for  the  year  1863,  and  for  other  purposes,  assented  to  Decem- 
ber 15th,  1862". 

7.  Sec.  VII.  All  conflicting  laws  are  hereby  repeal  e'd. 
Assented  to  Dec'r  12th,  iS63. 

• 

(No.  3.) 
An  Act  for  the  support  of  (he  Georgia  Academy  for  the  Blind. 

7.  Section  I.  The  General  Assembly  of  the  State  of  Geoegiat.do 
wopriateiP"  enact,  That  the  sum  of  twelve  thousand  dollars  is  hereby  appropri- 
fiwBiSd.myated  for  the  support  of  the  Georgia  Academy  for  the  Blind,  during 

the  current  political  year,  and  that  His  Excellency  the  Governor  is 
authorized  to  draw  his  warrant  for  the  same,- in  favor  of  the  Trus- 
tees of  said  Academy. 

8.  Sec.  II.  All  conflicting  laws  are  hereby  repealed. 
Assented  to  Dec'r  7th,  1863. 


PTBLIC  LAWS— Banks  and  Banking. 


13 


Stay  Law — Treasury  Certificates  of  Deposit. 


TITLE  III. 


BANKS  AND  BANKING. 


Sec.  1.  Stay  Law  continued  in  force. 

'•    2.  When  goes  into  effect. 

"  3.  Georgia  Treasury  Notes  may  be  can 
celled  on  certain  conditions,  and  in 
lieu  certificates  may  issue. 

"  4.  Comptroller  General  shall  register  and 
countersign  certificates. 

"  5.  IIuw  Treasury  Notes  when  cancelled 
to  be  disposed  of.  Treasurer  and 
Comptroller  General  shall  state  in 
their  reports  amount  of  notes  can- 
celled and  certificates  issued. 

"  6.  Treasurer  and  Comptroller  General 
authorized  to  issut  change  bills. 
Under  what  restrictions. 


Sec.  7.  Authofized  to  employ    Clerks.     How 

Clerks  compensated. 
'    8.  For  what  purpose  change   bills   to  bo 

paid  out. 
'     9.  Location  of  I$ank  of  Whitfield  changed 

on  certain  conditions, 
'  Id.  Name  of  Traders'  and  Importers'  Bank 

in  Augusta  changed. 
1  II.  The   President  and  Directors    of  the 

North  Western  Hank  of  the  State  of 

Georgia  authorized  to  carry  on  their 

banking  operations  at  Atlanta. 


.     •  (No.  4.) 

An  Act  to  continue  in  force  the  fourth  section  of  an  act  passed  over  the 
Governor's  veto  on  the.  30th  day  of  November,  i860,  entitled  an  act 
to  provide  against  the  forfeiture  of  the  several  bank  charters  of  this 
State  on  account  of  non-specie  payments  for'  a  given  tunc,  and  for 
other  purposed,  passed  in  the  year  1857,  and  to  suspend  the  pains  and 
penalties  imposed  upon  the  several  hauls  and  their  officers  in  this  State 
for  non-payment  of  specie,  and  for  other  purposes  ;  and  also  an  act  to 
add  a  proviso  to  the  Alh  section  of  an  act  entitled  an  act  for  the  relief  of 
the  people  and  banks  of  this  Slate,  and /or  other  purposes,  passed  on 
the  30th  of  November,  1860,  and  to  add  an  additional  section  to  said 
act,  assented  to  December  20th,  1SG0. 

1.  Section  I.   The  General  Assembly  of  Georgia  do  enact,  That  the  tSj['£(}a£con* 
before  recited  part  of  an  act,  and  also  the  before  recited  act,  be,,orco- 

and  the  same  are  hereby  re-enacted   and   continued  in  force  until   , 
the  first  day  of  January,  1SG5. 

2.  Sec.  JI.  Be  it  further  enacted,  That  this  act   shall  go  into  ef-2to3tu 
feet  and  be  in  force  on  and  after  the  first  day  of  December,  1863. 

Sec.  III.  Repeals  conflicting  laws. 

Assented  to  Dec.  1,  1S63. 


(No.  r,.) 

An  Act  to  cancel  certain  portions  of  the  Georgia  Treasury  Notes  lately  is- 
sued, by  issuing  Tr>  as  my  CtTtificaU  s  of  l)i  posit, ,  and  for  other  purpo- 
ses. 

Whekeas,  His  Excellency  the  Governor,  in  his  late  annual  mes-frewnw* 
sage,  represents    that   Bankers,    Capitalists,    and   others  holdino- 
'Georgia  Treasury  Notes,  desire  to  have   the  same  cancelled  by  re- 


14  PUBLIC  LAWS— Banki  and  Banking. 


Treasurer  and  Comptroller  General  to  issue  one  million  dollars  in  Change  Bills. 


ceiving  in  lieu  of  said  notes,  Treasury  Certificates  of  Deposite,  for 
larger  amounts,  binding  the  State  to  the  same  obligations  contain- 
ed in  the  face  of  said  notes ;  ♦ 

3.  Sec.  I.  Be  it  enacted  by  the  General  Assembly  of  Georgia,  That 
G.T.i.Tr^-upon  the  presentation  to  the  State  Treasurer,  of  five  thousand 
SSLSuJSi dollars,  or  any  larger  amount,  of  Georgia  Treasury  Notes,  by  any 
m"  bf««- holder,  who  may  desire  the  same  to  be*  cancelled  by  the  issue  of 
T^u,yuctr- Treasury  Certificates  of  Deposite,  it  shall  be  the  duty  of  the  Treas- 
^fither",fo"u'urer  to  receive,  and  give  Certificates  of  Deposite,  in  sums  of  not 

less  than  five  thousand  dollars  for  the  same  ;  said  Treasury  Certif- 
icates to  be  made  payable  in  the  same  manner  as  is  expressed  on 
the  face  of  the  Treasury  Notes  thus  pancelled. 

4.  Sec.  II.  Be  it  further  enacted,  That  upon  the  issue  of  said 
comptroller  Treasury  Certificates,  they  shall  be  taken  to  the  Comptroller  Gen- 
S"1  "^d'eral,  who  shall  register  and  countersign  the  same  ;  the  registry 
certificate."    shall  contain  the  date   of  issue,  the  number  and   amount  of  each 

certificate  issued. 
?d°Vrea"ry      5.  Sec.  III.  Be  it  further  enacted,  That  upon  said  Treasury  Notes 
dt.'^ed'of^b^rjg  thus  taken  up,  each  number  shall   be  marked  redeemed  "by 
Certificate"  in  the  Registry  Book  in  the  Comptroller  General's  of- 
fice, and  one*  in  every  two  months  the  Treasurer  and  Comptroller 
General  shall  in  the  presence  of  the  Governor  burn  said  notes  thus 
cancelled,  and  his  Excellency  will  cause  the  proceedings  to-be  en- 
Trea.urer«mdtered  upon  the  minutes  of  the  Executive    Department,  and  the 
Buup.ta?ce°n  Treasurer  and  Comptroller  General   are  hereby   directed   in  their 
Stroiruotci general  reports  to  give  the   amount  of  Treasury  Notes  thus  can- 
certificat^ celled,  and  the  amount  of  Treasury  Certificates  thus  issued  : 
i«.u«d.  Provided,  That  the  cancelling  of  these  notes  shall  not  be  repor- 

ProriBoea.     ^e(j  among  the  receipts  and  disbursements  at  the  Treasury  ;  Vro- 
•  tided  further,  ^hat  the  parties  who  hold  said  Treasury  Notes  shall 
pay  all  expenses  of  priuting  and  carrying  into  effect  the  provisions 
of  this  Act. 

Sec.  IV.  All  conflicting  laws  are  hereby  repealed. 

Assented  to  14  Dec.  1863.    • 

(No.  6.)  . 

An  Act  to  authorize   the   Treasurer  and   Comptroller  General   to  issue 
one  million  of  dollars  of  change  bills. 

SSjTo™'  6.  Sec.  I.  The  General  Assembly  do  enact,  That  the  Treasurer 
ch.n"' wu.of and  Comptroller  General  are  hereby  authorized  and  required,  un- 
thi.  sme.  (jer  t^e  SUpervisiotl  of  the  Governor,  to  have  prepared,  issued,  and 
nomTuhaatioue"put  in  circulation,  change  bills  of  this' State,  of  the  denomination 
fo,  what  of  four,  three,  two  and  one  dollars,  and  of  fifty  cents,  the  aggregate 
**ount"  'amount  of  which  shall  not  exceed  one  million  of  dollars;  the  said 
mutouwa!  change,  bills  to  be  issued  in  the  terms  of,  and  under  the  restric- 
tions of  the  Act  assented  to  Dec.  5th,   1862,  entitled   "An  Act  to 


PUBLIC  LAWS— Banks  and  Banking.  15 


Bank  of  Whitfield— Traders'  and  Importers'  Bank— Northwestern  Bank. 


authorize  the  Treasurer  and  Comptroller  General  of  this  State,  to 
issue  change  bills  for  the  State  of  Georgia,  under  the  supervision 
of  His  Excellency  the  Governor. 

7.  Sec.  II.     Be  it  further  enacted,  That  the  Treasurer  and  Conip-Tr*-"w »»* 
troller  General,  under  the  approval  of  the  Governor,    shall  haveau^]jwi«»d*« 
power  to  employ  such  number  of  clerks   or  assistants   as  may  beeP°P°" 
necessary,  to  issue  said  change'  bills  at  an  early   day,  and  that  said  compel., 
clerks  or  assistants  shall  have  such   compensation  for  his   or  their ttoa/wota*" 
services,  as  the  Governor  may  deem  just. 

.   8.  Sec.  III.     Be  it  further  enacted,  That  the    Treasurer  be  au-gi™*»  M»« 
thorized  to  pay  out   said  change  bills  from  the    Treasury,  in  pay-P0**8^00* 
ment  of  appropriations  made  by  the  General  Asssemblv. 
Sec.  IV.     All  conflicting  laws  are  hereby  repealed.* 

Assented  to  Dec.  Uth,  1S63. 

(No.  7.) 


*• 


An  Act  to  amend  the  Charter  of  the  Bank  of  Whitfield  Dalton  Ga. 

J    9.  Sec.  I.  Be  it  enacted  fyc,  That  the  location  of  the  Bank  of  Whit-  ft™*£°°kofof 
field,  be,  and  the  same  is  hereby  changed  from  Dalton   Ga.,  to  At-W"lfi«w 
lanta  Ga.     Provided,  That    nothing;   in  this   Act  shall  be  so    con-1 
strued,   as  to  effect,  alter,  or  impair  any  contract  or  contracts  made 
with  said  Bank,  or  any  liability  incurred  by  said  Bank. 
Sec.  II.     Kepeals  conflicting  laws. 

Assented  to  Dec.  11th,  1S63. 

(No.  8.) 

An  Act  to  amend  an  Act  to  charter  and  incorporate  a  Bank  in  the  city  of 
Augusta  by  the  name  and  style  of  the  Traders  and-  Importers  Bank. 

10.  Sec.  I.      The  General  Assembly  of  the  State  of  Georgia  do  enact,  fame  of  the 
That  the  name    of    the  Bank  incorporated  by    the  above   recited  imv£*T$a 
Act,  shall  be  from'and  after  the  passage  of  this  Act,  The    Impor- «»*°»  °«i>«»g- 
ters  and  Traders  Bank. 

Assented  to  Dec.  1st,  1S63. 

(No.  9.) 

An  Act  for  the  relief  •fthA  President  and  Directors  oj  the  North     Wes- 
tern Bank. 

11.  Sec.  I.     Whereas,  the  invasion  of  the  State   of  Georgia,  by 

the  Federal  army  renders  it  necessary  that  the  assets  of  the  North  rte%m\,u. 
Western  Bank  of  Georgia,  should  be  removed  from  Ringgold,    • 


16       PUBLIC  LAWS — Banks  and  Banking— County  Officers. 

vers  of  Tax  Returns  and  Tax  Colli 


President  uid 
Dirctort  of 
the  N.  W. 
Bank  of  the 
State-  of  •«. 
iuTested  with 
banking 'priv- 
ileges ui  At- 
lanta. 


Therefore  Be  it  ata<t<d  byljie  Senate  and  House  of  Representatives  of 
the  Stait  of  Georgia  in  (General  Assembly  met,  and  it  is  hereby  enacted 
by  the  authority  of  the  same,  That  from  and  after  the  passage  of  this 
Act,  the  President  and  Directors  of  the  "North  Western  Bank  of 
the  State  of  Georgia,"  shall  be  invested  with  all  the  powers,  rights 
and  privileges  of  banking  in  the  city  of  Atlanta  Georgia,  that  it 
is  Becured  to  them  in  the  charter'granted  on  the  fourth  day  of 
March  eighteen  hundred  and  fifty  six,  for  the  North  Western  Bank 
of  the  State  of  Georgia,  located  at  Ringgold,  in  the  county  of 
Catoosa. 

Sec.  II.     Repeals  conflicting  laws. 

Assented  to  Nov.  23rd,  1S63. 


TITLE  IV. 


COUNTY  OFFICERS, 


Sec.  5.  When  fees  are  increased  by  any  act  of 
present  General  Assembly,  the  rate 
of  per  centage  of  increase  to  obtain 
on  the  i,ees  allowed  by  this  Act. 

'  6.  County  Treasurers  to  hold  their  offices 
for  I  wo  years  after  Jan.   1 si  ,  1864. 

1  7.  Preamble.  Act  separating  offices  of 
Receivers  of  Tax  Returns  and  Tax 
Collectors  to  go  into  operation  1st 
day  of  January  186.4. 

1  8.  Aet  to  take  effect  and  b;>  of  force  from 
the  day  of  its  passage. 


Ucpr-aUartnT 
With  Nov.  '61, 
consolidating 
offioeiof  Tux 
Receiver  and 
Collector. 


Sec.  1.  Repeals  Act  of  30th  November  1861, 
consolidating  offices  of  Tax  Receiv- 
er and  Collector!    Proviso. 

"  °..  Tax  Collector  of  Walker  and  other 
counties  similarly  situated  allowed 
until  the  1st  day  of  March  1864,  to 
make  final  settlement  with  Comp- 
troller General. 

"  3.  When  necessary,  Governor  authorized 
to  detail  a  Guard  from  any  fores  in 
the  Bei  vice  of  Georgia  tor  protection 
of  Tax  Collectors  in  discharge  ol 

their  duty.  In  certain  cases  allowed 
to  summons  (Juaid.  Guard  to  re- 
ceive pay  for  their  services.  Amount 
ol  pay.  • 

"     1.  Ordinaries  allowed  to  charge  anil  re- 
ceive certain  fees  in  addition  to  those 
now  allowed  by  hi w.    Fees.   In  cer- 
tain    cases     same    foes   as   allpwe 
Clerks  of  the  Superior  Courts  ft 
similar  services. 

(No.  10.) 

An  Act  to  repeal  the  Act  assented  to  the  30;//  day  of  November,    1SG1, 
consolidating  the  offices  of '  fyeteivtr  of  Tax  Returns  and  Tax  Collector 
.  in  this  State. 

1.  Sec  I.  Beit  enacted hy  the  General  Assembly  of  Georgia,  That 
lite  Act  to  consolidate  the  offices  of  Receiver  of  Tax  Returns  and 
of  Tax  Collector  in  this  State,  and  to  require  the  duties  thereof 
to  be  discharged  by  one  officer,  to  be  styled  "Tax  Receiver  and 
Collector,"  assented  to  on  the  30th  day  of  November,  1861,  be, 
and  the  same  is  hereby  repealed  :  Provided,  that  no  Receiver  of 
Tax  Returns  or  Tax  Collector  shall  receive  more  than  fifteen  hun- 
dred dollars  commissions  on  the  general  State  Tax. 

Assented  to  Nov.  30th,  1SG3. 


PUBLIC  LAWS— County  Officers.  17 

Tax  Collector  of  Walker— Fees  of  Ordinaries. 

(No.  11.)  ~      5 

An  Act  to  extend  the  time  for  the  collect  ion  of  Tares  in  the  county  of 
Walker,  and  to  provide  a  guard  fur  the  Tax- Collector  in  said  county, 
and  all  other  counties  similarly  situated. 

2.  SECTION  I.    The  General  Assembly  of  Georgia  do  enact,  Th at 2\vSk"?SSS 

the    time  for  the    Tax-Collector  of  Walker  county,  and  all  other,5££3,,£j3 

similarly  situated,  to  make  his  collections  and  final  settle- JJ^Sietei 

with  the  Comptroller  General,  be,  and  the  same  is  hereby  ex-^l^gj^. 

to  the  1st  day  of  March,  A.  D.  1864.  ti"1'1- 

:;.  Sec.  II.  Be  it  further  enacted    by   the  authority  aforesaid,  That^;;n0™ctte£ 

whenever  it  shall  appear  necessary  for  the  protection  of  the  Taxjjgjuj&a 

Collector  of  said  comity,  in  the  discharge  of  his  duty,  the  Govern 

and  he  is  hereby  authorized   to  detail  all  such  officers  and ^^.•f/nS 
men  from  any  forces  in  the  service  of  Georgia,  as  may  be  necessary, 


to  act  as  a  guard  for  said  officer,  and  in  all  such  cases  as  may  ap-"' 


J  '  8e«  alii 
gumma 

guard. 


pear  eminently  necessary  to  the  said  Tax-Collector,  shall  be  author- 
ized to  summons  one  or  more  men  to  act  as  guardsduring  the  con- 
tinuance of  the  danger.     In  which  event,  the  parties,  so   acting, shaii  receive 
shall  receive  the  same  pay  as  if  in  service  in  either  of  the  Georgian  °r 
Regiments,  to  be  paid  upon  warrant  of  His  Excellency  the  Gov- 
ernor, out  of  the  Military  fund  of  this  State. 
Assented  to  Dec'r  14;  1863. 

(No.  12.) 

An  Act  to  allow  the    Ordinaries  of  this  State  to  charge  and  receive  cer- 
tain 

4.  Sec.  I.    The   General  Assembly   of  Georgia   do  enact,  That  the  w,'"ar'CB  al" 
Ordinaries  of  this  State  be.  and  are  herein-  allowed  to  charge  &ndchw?e  B"d 
receive  the  loilowing  fees,  in  aa/htion  to  the  lees  now  allowed  theni"liufw*' 
by  law,  to-wit  : 

For  signing  probate  of  will  or  codicil,  $1  25 

For  copying  of  Records  per  hundred  words,  22Fccs- 

"  Eacji,  certificate  or  seal,  00 

"  Process  against  any  Executor,  Administrator  or  Guardian 

charged  with  mismanagement,  50 

"  Each  search,  15 

"  Each  case  litigated  before  the  Ordinary,  no. 

"  Issuing  commission  to  examina  witi  I   25 

"  Issuing  commission  to  examine'any  person  alleged  to  be 

idiot,  lunatic,  insane,  &c,  2  50 

"  Deeision  ot  judgment  on  hearing  such  <  00 

"  Commission  to  have  one  year's  support  set  apart  to  wid- 
ow or  minor,  1  25 
"  Recording  return  of  commission   in  such   case,  if  under 

S500,  1  00 

"  If  over  $500,  ■    1  25 

2 


18  PUBLIC  LAWS— County  Officers. 

County  Treasurer* — Receiver!  of  Tnx  Keturnn  and  Tux  Collectors. 
.        * ■ — — 

•"  Examining  bx  '  8  where  Ordinary's  aid  is  required,  25 

•   Examining  bo<      and  giving  extract,  1  00 

"'  Appointing  ftb  rdian  to  each  free  negro,  whole  service,     2  50 
Every  order  passed,  (including  any  fee  heretofore  allow- 
ed for  an  order,)  the  whole  tee  to  be,  1  00 
"  Every  copy  of  such  order    (including  any  fee  heretofore 

allowed  for  copying  any  order),  the  whole  fee  to  be,         50 
"  Every  service  required  and  performed  for  which  no  fees 
Allowed.*™  are  specified  by   law,   the   same  fees  as  are  allowed 

^."oo0.1^"  Clerks  of  the  Superior  Courts  for  similar  services,  or 

SS&t  for  a  like  amount  of  labor. 

.w!,.-nfee««re  5.  Sec.  II.  That  in  case  the  fees  of  Ordinaries  (are?)  increased  by 
^^btainany  Act  of  this  General  Assembly,  the  rate  of  per  centage  of  in- 
.Sbj'hUBa"  crease  shall  obtain  on  the  fees  allowed  in  this  Act. 

Sec.  IV.  All  conflicting  laws  are  hereby  repealed. 

Assented  to  Dec.  14th,  1S63. 

(No.  13.) 

An  Act  to  define  the  time,  that  County  Treasurers  in  the  several  counties 
of  this  State  shall  hold  their  oficcs. 

6.  Section  I.  Be  it  enacted  by.  the  General  Assembly  of  the  State  of 

bounty  Trea-  Georgia,  That  from  and  after   the  first  day   of  January  next,    the 

IffiS8f«rtwoCOUn{y  Treasurers  of  the  several  counties  in  this  State  shall  hold 

%£.'i*t,im. their  offices  for  two  years,  whether  said  Treasurers  are  elected  by 

the  people,  or  appointed  by  the  Inferior  Courts. 

Section  II.  All  conflicting  laws  are  hereby  repealed. 

Assented  to  Dec.  14th:  1SG3. 

(No.  14.) 

An  Act,  to  amend  the  3rd  section  of  the  Code,  and  to  carry  into  effect  on 
the  first  day  of  January  1SG4,  an  Act  passed  by  the  presikt  General 
Assembly,  relative  to  separating  the  offices  of  Receiver  of  Tax  Returns 
and  Tax  Collectors  of  this  State. 

Whereas  the  3rd  section  of  the  Code  provides,  Thai;  "All  Acts 
hereafter  passed  by  the  General  Assembly,  unless  specially  provi- 
ded otherwise  in  the  Act,"  shall  take  effect  and  be  obligatory  only 
from  the  first  day  of  July  next  succeeding  theMate  of  this  passage;" 
and  ichcreas  the  present  General  Assembly  passed  an  "Act  to  re- 
peal an  Act  assented  to  the  30th  day  of  November  1861,  consoli- 
dating the  offices  of  Receiver  of  Tax  Returns  and  Tax  Collector 
of  this  State,"  which  was  approved  by.  the  Governor  Nov.  30th, 
18G3.  •  And  the  said  Act  does  not  state  when  it  shall  go  into  ef- 
fect, for  remedy  whereof, 


X  mWo. 


PUBLIC  LAWS— Distillation. 


19 


Unlawful  Distillation  of  Grain  in  this  State. 


7.  Section  I.  Be  it  enacted  by  the  General  Assembly  of  the  State  ofTof,oiutoop_ 
Georgia.  That  the  above  recited  Act,  separating  the  offices  of  Re-J^Vt' 
ceiverofTax  Returns  and  Tax    Collectors  shall  go  into  operation 

on  the  first  day  of  January,  lstf4. 

8.  Section  II.  This  Act  shall  take   effect  and  be   of  force  fromToboofforco 
the  day  of  its  passage,  and  that  all  conflicting  laws  are  hereby    re- 
pealed. 

Assented  to  Dec.  14th  1863. 


from  its  pas- 
sage. 


TITLE  V. 


DISTILLATION. 


Sec.  1.  Distilleries  run  contrary  to  law  declared 
public  nuisances. 

"  ~.  Justices  of  the  Peace  and  Justices  oi 
Inferior  Court  to  investigate  and  sup- 
press.   Proceedings  in  such  cases. 

"    3.  Officers  liable  for  failure  of  duty. 

"  4.  Warrant  may  be  transmitted  to  Gov- 
ernoi  in  certain  cases. 

<l  5  Proceeding  by  Governor  and  his  offi 
cere,  when  warrant  is  sent  to  him. 

"  G  Distilleries  seized,  paid  by  valuation  ol 
Inferior  Court. 

•"  7  Repeals 5th  diction  of  Act  22nd  Nov 
1863,  and  allows  Government  to  eon 
tracv  on  certain  terms. 


Sec.  s  Amount  restricted. 
'    9  Violations  punished. 
'  10  Takes  effect  immediately. 
'  1 1  Licensed  to  distill  alcohol  granted  under 

ceitain  reBtrictic 
'   12  To  be  good  article.    How  long  license. 
'  13  Oath  and  bond  of  persons  licensed. 
'  1  I  Violations  indictable. 
'  15  Bonds  may  be  sued  on. 
'  16  Licenses  may  be  withdrawn.    Inferior 

Courts  may  contract  for  medicinal 

use. 


(No.  I-",.) 

An  Act  to  further  pro  cidt  for  the  suppression,  of  unlawful  distillation  of 
grain  and  other  commodities^  this  6'i 

1.  Section  I.   The   General  Assembly   of  Georgia  do  enact,  That 

each  and  every  distillery    which   maybe    run  or   worked  in  this^JJXJS,, 
State  contrary  to  any  or  either  of  the  provisions  of  the  laws    h*'re-l;'uituciPibli<5 
tofoiv  passed,  to  prevent  unlawful  distillation,  is  hereby  declared 
to  be  a  public  nuisance,  and  in  addition  to  the  remedies  heretofore 

provided,  may  be  abated  as  lullnu  -  : 

2.  Section  II.  It  shall  be  (he  duty    of  each  and   every  Justice 

of  the  Peace,  in  the  several  Militia  Districts  of  this  State,-  and  Jus-JuttcM  of 
tices  of  the  Fnfi  rior  Courts,  to  diligently  enquire  about  every  such£mipei,u,idiic 

.still  as  may  be  either  publicly  or  clandestinely  run  in    his  District. !,•,„■.'"  Lad*" 
or  County,  and  upon  being  informed    on  oath,  <>r   being  <'tl)erwisc"'rt'rt''"- 

.induced  to  the  opinion,  that  such  still  or  stills  are  running  unlaw- 
fully, or  that  unlawful  sales  of  spirituous  liquors  are  made  from 
the  proceeds  <»!  such  stills,  by  the  owner  of  said  8  tills  or  his  agent, 
he  shall  issue  his  warrant  against  the  party  or  parties  owning  and 
operating  said  still,  and  the  still   itself,  including  both,  which  said 


20  PUBLIC  LAWS— Distillation. 

iwfnl  Distillation  of  Grain  in  this  State. 


warrant  shall  forthwith  be  delivered  to  the  Sheriff  of  the  county, 
who,  thereupon,  shall  arrest  the  party  and  seize  the  still.  The. 
writ  shall  be  returnable  twenty  days  after  it  shall  thus  be  issued, 
and  at  that  time  the  Magistrate  shall  summarily  try  the  question 
with  the  assistance  of  twelve  free  holders  of  the  county,  and  one 
or  more  Magistrates,  as  to  whether  or  not  such  still  so  seized,  is  a 
public  nuisance.     The  effect  of  a  verdict  of   no  nuisance,    shall  be 

?m5m!£L.  to  'discharge  the  party  or  parties,  and  release  the  still.  The  effect 
of  a  verdict  of  nuisance,  shall  be  to  retain  both  in  custody,  but  the 
party  or  parties  shall  have  the  right  of  appeal  or  certiorari  to  the 
Superior  Court  of  the  county,  pending  which,  however,  the  still  , 
or  stills  shall  be  retained  in  the  custody  of  the  officers  of  the  law, 
and  not  to  be  run  during  the  pendency  of  the  suit,  but  the  party 
or  parties  shall  be  at  liberty  to  go  at  large  upon  giving  bond  with 
gOod  and  sufficient  security  in  a  sum  to  be  judged  of  by  the  Court. 
This  however,  shall  in  no  wise  exempt  such  party  or  parties  from 
indictment  under  other  provisions  of  law,  to  prevent  unlawful 
distillation,  and  it  shall  be  the  duty  of  the  presiding  Magistrates 
to  investigate  fully,  whether  or  not  such  party  or  parties  have 
violated  any  of  the  provisions  of  the  Jaw,  and  in  each  case,  and  for 
each  day,  to  bind  such  party  or  parties  over  in  bonds  for  their  ap- 
pearance to  the  next  Superior  Court  for  trial,  or  else  commit 
them  to  jail.  The  Magistrates  shall  return  their  proceedings  to 
the  next  term  of  the  Superior  Court. 

:j.  SECTION  III.  For  non-compliance  with  the  provisions  of  this 

ior  failure  in  Act  each  officer  failing  promptly  and  fully  to  do  his  duty,  shall  be 
guilty  of  malpractice  hi  office,  and  it  shall  bo  the  duty  of  the 
Grand  Jury  to  make  presentments  thereof. 

4.  Section  IV.  in  all  cases  when  in  the  discretion  of  the  Mag-. 
SSSttedtoistrate.or  Magistrates,  it  shall  be  deemed  best,  the  warrant  shall, 
S^'iLer  in  the  first  instance,  be  transmitted  to  1 1  is  Excellency  the  Gover- 
nor, who  is  hereby  empowered  to  hare  the  same  executed  by  any 
officer  of  the  State,  Civil  or  Military,  he  may  deem  the  peculiar 
exigencies  of  the  case  require.  In  w  hi  oh  event,  the  subsequent 
proceedings  shall  be  as  hereinbefore  provided. 

5.  Section  V.  In  all  cases  where  the  Governor  shall  be  in- 
rnmaiqft'i  brined,  that  any  still  or  stills  are  run  in  any  county  of  this  State 
Sf.  oirX'"1  in  violation  of  law,  or  that   any  unlawful    sale  or  sales    are   made 

from  any  such  still  or  stills,  and  the  Justices  and  other  county  of- 
ficers have  failed  to  act,  he  shall  forthwith  send  an  officer  or  per- 
son to  be  designated  by  him  to  the  vicinage,  who  shall  investigate 
the  facts,  and  upon  bejng  satisfied  that  there  exists  probable  cause 
for  the  charge  against  any  one  or  more  persons  in  the  county,  • 
such  officer  or  person  shall  make  complaint  thereof  on  oath  to  any 
Justice  of  the  Peace  or  Justice  of  the  Inferior  Court  of  the  county^ 
or  to  the  Judge  of  the  Superior  Court  of  the  circuit  of  which  such 
county  is  a  .part,  or  in  case  of  his  absence,  to  any  Judge  of  the 
Superior  Courts  of  this  State.  The  officers  thus  applied  to,  shalL 
thereupon  issue  a  warrant  for  the  seizure  of  the. still  or  stills,  as  a. 


whrn  warrant 
iiavnftto  him. 


PUBLIC  LAWS— Distillation.  21 

Unlawful  Distillation  of  Grain  in  this  State. 

nuisance,  and  the  arrest  of  the  person  or  persons  owning  or  en- 
gaged in  running  the  same,  including  all  who  either  own  or  are 
engaged  in  running  the  same,  so  far  as  they  may  be  set  forth  in 
the  affidavit,  or  can  be  ascertained,  which  said  warrant  shall  be 
•directed  to  any  lawful  officer  to  execute  and  return.  The  Gov- 
ernor shall  thereupon  cause  the  same  forthwith  to  be  executed  by 
any  officer  of  the  State,  Civil  or  Military,  he  may  deem  the  exi- 
gencies of  the  case  require:  all  further  proceedings  shall  be  as 
provided  in  the  preceding  sections,  only,  that  in  the  event  the  war- 
rant shall  bejssued  by  any  Judge  of  the  Superior  Courts  (it?)  shall  be 
made  returnable  before  him  on  a  day  to  be  named  therein,  at  the 
Com  t  house  of  the  county,  in  whichit  is  charged  that  the  nui- 
sance exists  :  and  it  shall  he  the  duty  of  the. Judge  to  attend  on 
the  day  mentioned,  and  assisted  by  a  Jury  of  twelve  free  holders 
make  the  summary  investigation  in  the  preceding  sections  provi- 
ded. 

6.  Section*  VI.  The  parties  owning  such  distilleries  as  may  be  !$Su»%« 
so  taken  and  held  by  the    Government,  shall    be  entitled  to    pay-g^VS* 
ment  for  the  same,  the  value  to  be  fixed  by   the  Inferior    Court  in0ourt 
accordance  with    the  statutes  now  in  force,    providing  compensa- 
tion to  owners  for  stills  seized  by  the  Government.* 

Assented  to  Dec.  3,  3  863. 

*For  providing  compensation,  see  Act  ]><<•.  9,  1863,  page  2"*. 

•  (Xo.  16.) 

An  Act  to  alter  and  amend  an  ac{  entitled  an  act  to  prevent  the  unneces- 
sary consumption  of  grain  by  distillers  and  manufacturers  of  spirituous 
liguprs  in  Georgia,  approved  Nov.  22d,  1S62  ;  a/so,  to  alter  and  afaend 
an  act  supplcmeiitary  to  the  said  reeded  aet,  assented  to  December  1  iih\ 
1S62,  and/or  other  purpo8< 

Whereas,  In  the  fifth  se«6ion  of  the  above  first  recited  act,  it  is 
provided,  that  no  person  distilling  underauy  license  authorized  by 
that  act,  shall  sell  any  whiskey  oi  any  oilier  spirituous  liquors  for 
more  than  one  dollar  and  fifty  cents  per  gallon,  nor  alcohol  at  more 
than  two  dollars  and  fifty  cents  per  gallon,  under  the  penalties  re- 
cited in  said  act  ;  and  whereas.,  since  the  passage  of  said  act,  from 
the  greatly  increased  and  increasing  value  of  grain  and  labor,  of  all 
implements,  machinery  and  articles  used  in  distilling,  as  well  as  on 
account  of  the  heavy  taxes  imposed  by  both  the  Confederate  and 
State  governments  upon  distillers,  the  above  named  prices  have 
become  wholly  inadequate  and  unremunerative  to  persons  who 
have  heretofore  contracted,  or  may  hereafter  contract,  to  distill 
whiskey  or  alcohol,  for  the  Confederate  government ;  therefore,  for 
remedy  whereof, 

7.  Section  I.  Be  it  enacted,  <$''•.,  That  all  that  part  of  the  said 
fifth  section  of  said  act  of  the  22d  November,  1862,  which  restricts 
the  price  of  whiskey  to  one  dollar  and  fifty  cents,  and  the  price  of 

»Seo  Paul.  Act,  Nov.  22, 1«CJ,  pages  25  and  26.    Alao,  Art  Dec.  1 1 ,  1862,  pages 27  and  28. 


PUBLIC  LAWS— Distillation. 


Unlawful  Distillation  of  Grain  in  thi*  State. 


.'^alcohol  to  two  dollars  and  fifty  cents  per  g;  lion,  be,  and  the  same 
Sfowi^o'^is  hereby  repealed  ;  and  that  the  Confederate  govern  men  t  may,  by 
Beers  or  rfsents,  contract  for  the  distillation  in  this  State    of 
•.  hiskey  and  alcohol  for  the  use  of  the  Confederate  government,  at 
..j^such  juice  or   juices  as  may  be  agreed  upon    by    the   contracting 
parties  :  and  the  said  government  may,  by  its  officers  or  agents,  in- 
crease the  price  to  be  paid  for  whiskey  and  alcohol  under  contracts 
heretofore  made,  or  hereafter  to  be  made,  to  distill  whiskey  or  al- 
cohol for  said  government,  to  any  extent  which  may  be  agreed  up- 
Prori.0.     'on  ; providedt  such    contract  price  shall  not  exceed  the  prices  for 
whiskey  and  alcohol  respectively  fixed  from    time    to  time  in  the 
schedule  of  prices  established  by  the  commissioners  for  Georgia,  ap- 
pointed under  the  impressment  act  of  Congress. 

8.  Sec.  II.  Be  it  further  enacted,  That,  hereafter  in  issuing  li- 
* na"d. re"  censes  for  the  distillation  of  whiskey  or  alcohol  for  the  use  of  the 

Confederate  government,  authorized  to  be  issued  by  the  above  reci- 
ted acts  as  altered  and  amended  by  this  act,  his  Excellency  the 
Governor  may  issu<:  the  same,  regardless  of  the  price  or  prices  to 
be  received  by  the  party  or  parties  applying  for  such  license  or  li- 
censes ;  Provided,  such  price  or  prices  does  not  exceed  those  fixed 
by  the  commissioners  under  the  impressment  act  of  Congress,  as 
set  forth  in  the  first  section  of  this  act ;  And  provided  further,  that 
nothing  in  this  act  shall  be  so  construed  as  to  authorize  or  require 
the  Governor  of  this  State  to  issue  licenses  for  the  distillation  in 
Georgia,  for  the  use  of  the  Confederate  government,  of  more  than 
one  million  of  gallons  of  spirituous  liquors  of  all  kinds,  including 
alcohol.  . 

9.  Skc.  III.  Be  it  further  enacted,  That  all  and  any  such  person 
violation.  or  persons  who  may  beat  any  time  distilling  under  any  contract 
punished,     -with  the  Confederate  government,  who  shall  at  any  time   make  or 

sell  or  otherwise  dispose  of  any  whiskey,  brandy,  or  other  spiritu- 
ous liquors,  the  product  of  his  or  thei^  still  or  stills,  on  private  ac- 
count, or  to  any  other  person  or  corporation  or  partnership,  or  who 
may  ship  from  his  or  their  distillery  any  such  product  thereof,  oth- 
er than  to  the  government  or  its  authorized  agent,  he  or  they  so  of- 
fending shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof,  shall  be  punished,  in  the  discretion  of  the  Court,  by 
fine  not  less,  than  one  thousand  dollars  for  each  and  every  such  of- 
fense so  committed,  or  imprisonment  in  the  common  jail  of  the 
county,  or  both  ;  and  any  and  all  officers  and  agents  of  the  Confed- 
erate government  who  shall  consent  to  any  such  sale, disposal  orship- 
ment,  shall  be  held  and  deemed  a  principal  in  the  first  degree,  and 
upon  conviction  thereof,  shall  be  punished  by  like  fine  and  impris- 
onment. 
Take*  foot  *®.  Sec.  IV.  And  be  it  further  enacted  by  the  authority  aforesaid, 
immediate!?.  That  this  act  shall  go  into  operation  and. take  effect  from  and  im- 
mediately after  its  passage. 

Sec.  V.  Repeals  conflicting  laws. 
Assented  to  Dec.  14th,  1863. 


PUBLIC  LAWS— Distillation.  S3 

Governor  to  grant  a  license  to  manufacture  Alcohol  for  medicinal  and  mechanical  purposes. 

(No.  17.) 
An  Act  to  authorize  the  Governor  of  this  State  to  grant  a  license  for  the 

manufacture  of  Alcohol' for  medicinal  and  mechanical  purposes. 

11.  Sec.  I.    The  General  Assembly  do  enact,  That    from  and  after 
the  passage  of  this  Act;  the  Governor  be,  and  he  is  hereby  author- &um*\ 
ized  to  grant  a  license  for  the  manufacture  of  Alcohol  for  me(licij-^ider?ertl& 
nal  and  mechanical  purposes,    under   the    restrictions   hereinaft«rrtstnctl0USw  , 
specified,  to  an}' person  who  shall  make    application  for  the  same, 
and  comply  with  all  the  provisions  ot  this  Act;  provided,    that  the 
alcohol  so  authorized  to  be  distilled,  shall  not  be  sold  for  an  amount 
exceeding  seventy-five  per  cent  profit  upon  the  actual  cost  of  the 
same. 

1"2.  Sec.  II.  And  he   it  further  enacted,  That  in  no    case  shall   aTobe 
license  be  granted  for  the  purpose  aforesaid,  until  the  applicant  has£°,e-  "•"' 
made  it  satisfactorily  appear  to  the   Governor,  that  he  is  prepared 
to  produce  alcohol  of  good  quality;  which    license   shall  not  be 
granted  for  a  longer  time  than  twelve  months,  and  may  be  renewed 
at  the  discretion  of  the  Governor. 

13.  Sec.  III.  Ami  be  it  further  enacted,  That  before  a  license  shall  0arh  &bon* 
be  granted,  the  applicant  shall  take  and  subscribe  an  oath,,  that  he°[.D|^on  1S~ 
will  not  make  spirits  other  than  alcohol  by  himself,  his   agent  or 
servants  ;  that  he  will  not  make  more  than  the  number  of  gallons 
allowed  by  the  terms  of  the  license,  that  he  will  not  make  it  for 

sale  to  speculators,  and  that  he  will  not  abuse  the  privileges  gran- 
ted under  this  Act,  or  violate  any  of  its  provisions  in  any  respect 
whatever,  and  shall  give  bond  and  security  to  the  Governor,  in  the 
sum  of  one  hundred  thousand  dollars,  that  he  will  faithfully  ob- 
serve the  requirements  of  this  Act. 

14.  Sec.  IV.  And  be   it  further   enacted,  That    for  a  violation   ofVioi»ti<"i  in- 
any  of  the  provisions  of  this  Act,  the  person   so  violating  may  be 
indicted  and  tried  for  false  swearing,  and  on  conviction,  be  punish-. 

ed  in  the  same  manner. 

15.  Sec.  V.  And  be  it  further   enacted,  That  for  any  violation  otto8^1* 
the  provisions  of  this  Act,  the  Governor  may  institute  suit  on  said 

bond,  for  the  recovery  of  the  full  amount  of  said  bond  ;  and 
should  recovery  be  had,  the  sum  to  be  applied  to  the  fund  lor 
the  relief  of  soldiers'  families. 

16.  Sec.  VI.  And  In-  it  further  enacted,  That   the   Governor  be,  Lieen^. m^ 
and  he  is  hereby  authorized,  whenever  it    is  made   appear  to  himSir^w*" 
that  the   privileges  of  this  Act  an:  abused    to  withdraw   from  t!ie.a!!;,?,«tf 
person  abusing  the  terms  of  this  Act.  said  license,  which  wit  lid  raw-  p",'^0.^1 
al  shall  uoi  prevent  prosecution  for    false   swearing,  or  suit  on  the 
bond    as   before   provided    for  j  provided  further,   that  the  Inferior 
Court  of  any  of  the  counties  in  this  State  may,  with  the  consent  of 
the  Governor,  contract  for  such  quantity  for  medicinal    use    in  the 
county,  as  the  Governor  may  deem    necessary,    and   all  quantities 
made   for  the   Confederate  government  shall  he  estimated  as  part 
of  the  one  million  of  gallons  allowed  by  law. 

Sec.  VII.  Repeals  conflicting  laws. 
Assented  to  Dec.  12,  1S63. 


Hurts 


24 


PUBLIC  LAWS— Education. 


Increase  the  per  diem  pay  of  School  Teachers— Returns  of  clrildren  entitled  to  the  Educational  Fund. 


TITLE  VI. 


EDUCATION. 


Sec.  1.  Educational  Hoard  authorized  to  allow 
same  per  diem  for  teaching  poor  a+ 
other  children-    Proviso 

(i  2.  Time  extended  to  1st  January  18G1,  to 
make  return  of  beneficiaries. 

"  3.  When  Ordinary  has  removed  or  is  in 
service,  fund  may  be  drawn  on  certi- 
fied return  of  the  Clerk  of  Superior 
or  Inferior  Court. 

"  4.  How  estimated  and  drawn,  when  no  re- 
turn is  made  on  accauut  of  presence 
of  the  enemy, 


5.  Surplus  of  Educational  Fund  may  be 
turned  over  to  Infr  Court  for  sup- 
port of  indigent  families  of  soldiers. 

G-  Clerks  of  (.''pints  of  Ordinary  may  draw 

common  Scl 1  Fund  for   1862  and 

1863,  when  Ordinaries  have  resigned 
without  drawing. 


(No.  18.) 
An  Act  to  increase  the  per  diem  pay  of  school  teachers  for  children  enti- 
tled to  the  benefit  of  the  poor  school  fund  of  this  State. 
Eau«otionai       1.  Section.  I.  Be  it  enacted  fyc.,  That  from   and  after  the  pas- 
ire"  toa  aiw  sage  of  this  Act,  the  Educational  Board  of  the  several  counties  in 
f^tefchjugmthis  State,  be,  and  they  are  hereby  authorized  to  allow  the  teachers 
cMidrVu°iuerof  children  entitled  to  the  benefit  of  the  poor  school  fund,  the  same 
e''per  diem  pay  for  teaching  said  children,  as  is  charged  by  the  same 
teachers   tor  other  children    pursuing  similar  branches    of  study. 
■Proviso.]      Provided,  said  charge  shall  not  exceed  sixteen  cents  per  day. 
Sec.  II.  Repeals  conflicting  laws. 
Assented  to  Dec.  14,  1863. 


Preamble. 


(No.  19.) 

An  Act  to  extend  the  time  of  making  returns  of  the  children  entitled  to  the 
benefit  of  the  Educational  fund  of  Georgia,  for  the  year  1SG3. 
Whereas,  The  Ordinary  of  each  county  in  this  State  is  now  re- 
quired by  law,  to  report  to  the  Governor,  under  hand  and  seal,  an- 
nually, by  the  3d  Monday  in  November,  the  whole  number  of  chil- 
dren in  his  county,  entitled  to  the  benefits  of  the  educational  fund  ; 
and  whereas,  it  is  further  provided  that  if  any  County  neg- 
lects to  present  a  proper  return  to  the  Governor,  by  the 
time  prescribed,  it  loses  its  share;  and  ■  ivhercas,  it  appears, 
that  a  number  of  counties  have  forwarded  their  returns 
for  1863,  which  however,  failed  to  arrive  before  the  3d 
Monday  in  November  1S63,  whilst  no  returns  have  as  yet  been 
received  from  numerous  other  counties  of  the  State.  And  whereas, 
the  apportionment  directed  to  be  made  by  the  Governor,  has  not  yet 
been  completed,  and  it  is  manifestly  improper,  that  the  children  of 
these  several  counties  should  thus  be  deprived  of  the  benefits  of 
this  fund  in  the  present  condition  of  the  country,  if  practicable  to 
prevent  it.     Therefore  for  remedy  thereof : 


PUBLIC  LAWS— Education  25 

Surplus  Educa.  Fund  for  benefit  of  indigent  soldiers'  families— Clerks  or  Ordinary  can  draw  School  Fund. 

2.  Section  I.   The  General  Assembly  of  Georgia  do  enact,  That  the  Time  extoud- 
time  for  making  the  returns  required' by  the  law  for  the  year  1SG3,  $$M,t?d£i 
be  extended  to  the  first  day  of  January  1864,  and  that  the  Gr6vern- EStariHL 
or  shall  on  that  day  make  the  estimate  and  apportionment  of  the 
Educational  fund  for  1,863.  » 

3.  Sec.  2.  Be  it  farther  enacted.  That  in  all  cases  when  the  Ordi-AV1"».>  °rdi- 

_  J  nary  is  in  ser- 

nary  of  any  county   may  have  removed   from   the  county,  or  be  in;;:;;im°;(1lia8 
the  Military  service  of  the  country,  or  from   any   cause  be  unable  S5nd"n'y ba 
or  iail  to  act,  it  shall  and  may  be  lawful  for  the  apportionment  and  ^i'1 ;!,,.' 'c!.'('rr^ 
distribution  of  the  educational  fund  to  be  made  upon  the  certified of  ,th«  „Supj- 

p  /-Ni  f  or  Court. 

return  of  cither  the  Clerk  of  Superior  Court  or  Clerk  of  the  Inferior 
Court  of  such  county. 

4.  Sec.  ,3.  Be  it  further  enacted,  That  in  all  cases,  when  the  ene-Pow  f.8tima- 
my  shall   have  been    in  any  county  of  the  State,  and  said  county  wi.oT.'VT" 
shall  have  thus  failed  to  make  return  within  the  time  prescribed, i"™.,!.* "or8 
it  shall  be  the  duty  of  the  Governor  to  pay  over  to  the  Ordinary,  ST^y?1 
or  upon  his  failure  to  act,  to  the  Inferior  Court  of  such  county, 

such   sum    as  ho  may  deem  equitable  and  just,  at  least  equal    in 
amount  to  the  sum  drawn  the  next  preceding  year  by  such  coun- 
ty. 
Assented  to  Dec.  11,  1863. 

(No.  20.) 

An  Act  to  authorize  and  empower  the  Ordinaries  of  the  several  counties 
in  this  State  to  pay  over  to  the  Inferior  Courts,  any  surplus  of  funds  in 
their  ho//, Is  belonging  to  the  Educational  fund,  fo?  the  benefit  of  the  in- 
digent families  of  soldiers  now  in  the  military  service,  or  whomay  hare 
died  in  the  service. 

5.  Section  I.   The  General  Assembly  of  the  State  of  Georgia  do  en'S^A^i 

ad,  That  it  shall  be  lawful  for  the  Ordinaries  of  the  several  coun-^V.Tnt 
ties  in   thll  State    to  pay   over  to    the  Inferior  Courts  of  their  re-  J,'. '/;:„',," "drdJ"; 
spective  counties  any  surplus  of  funds  in  their   hands  belonging  to  !!,'.',',, "Lii'i?™ 
the  Educational  fund,  not  appropriated  for  the  benefit  oi  the  poor of80ldier8- 
children  of  the  county,  and  that  said  surplus  when  paid  over,  shall 
be  subject  to  disbursement  by  the  Inferior  Courts  for   the  relief  of 
the  indigent  families  of  soldiers  now    in  service,  or  who  may  have 
died  in  the  service. 

Section'  11.  IN-peals  conflicting  laws. 

Assented  to  Dec.  12,  1863. 

(No.  21.) 

An  Act  to  allow  the  Clerks  of  the  Courts  of  Ordinary  of  this  State  to 
draw  Common  School  Junds  dm  their  respective  counties  for  the  years 
1802  and  L863,  when  the  Ordinaries  have  resigned  without  drawing 
the  same. 

6.  Section  I.  Be  it  enacted,  §r.,  That  the  Clerks  of  Courts  of 


26 


PUBLIC  LAWS— Elections. 


Persons  in  military  service  to  vote  ut  municipal  elections. 


Clerks  of  C'U 
of  Ordinary 
may     draw 
common 
school  fuoda 
for  1862  and 
1863,    when 
Ordinaries 
have  resigned 
without 
drawing. 


Ordinary  of  the  several  eouutics  in  this  State,  be,  and  they  are 
hereby  authorized  to  draw  from  the  Treasury  of  this  State,  the 
portion  of  Common  School  Funds  going  to  and  belonging  to  their 
respective  counties  for  the  years  1S62  and  ISO:*,  where  the  same 
has  not  been  drawn,  in  the  same  manner  and  under  the  same  pro- 
visions as  the  Ordinaries  themselves  would  have  been  entitled  to 
draw,  had  they  not  resigned. 

Sec.  II.  Repeals  conflicting  laws.  « 

Assented  to  Nov.  28,»1SG3. 


TITLE    VII. 


ELECTIONS. 


Sec.  1.  Citizensin  State  or  Confederate  service 
allowed  to  vote'  in  municipal'  elec- 
tions, at  any  place  where  stationed. 

"  2.  Two  resident  commissioned  officers  of 
the  State  to  preside  and  hold  tin- 
election.  Under  what  regulations. 
Returns  to  be  made.  Copy  of  talley 
elieet  and  list  of  voters  to  be  sent. 
To  whom  sent.  Elections  thus  held 
to  be  accounted  good  and  valid. 
Proviso. 

"  3.  Registry  laws  not  to  apply  to  those  thus 
voting. 


Sec.  4.  Commissioned  officers  to  subscribe  a 
statement.  Requisites  of  statement. 
Copy  of  statement  talley  sheet  and 
list  ut  voters  to  he  taken  in  lieu  of 
oath  now  required  by  law. 

"  5.  Act  of  December  Nth",  1862  amended. 
Section  added.  Commissioned  offi- 
cers to  subscribe  statement  in  wri- 
ting.   Statement. 

"  G.  Superintendents  to  journal  copies  of 
statement,  Talley  sheets  and  list  of 
voters.  When  forwarded  to  be  ta- 
ken in  lieu  of  oath  now  required  by 
law. 


(No.    22.) 

An  Act  to  authorize  all  persons  in  the  military  service  of  this  State  or 
Confederate  States,  including  those  in  hospitals,  and  detailed  service  to 
vote  at  municipal  elections. 


1.  Sec.  I.  Be  it  enacted  by  the  General  Assembly  of  Georgia,  That 
citizens  in   a|}  persons  in  the  military  service  of  this  State,  and  the  Confeder- 

State  or  Gun.  1'  ,,  •>  .     •  ,■      ,  .     ' .  ii,-ii  r 

federate  ,er; ate  States,  including  those  in  hospitals,  and  detailed  men  for  any 

Vice     allowed  '  •,•  •    •  f    ,,    .      p,.  .  J 

Slcvi0d,uei"^PurPose  kv  the  military  authority,  citizens  ot  tins  State,  who  are 
uons.  now  by  ]aw  entitled  to  vote,  or  who  may  at  the  time  of  such  elec- 
Atany  place ti°n>  be  entitled  to  vote  at  any  municipal  election  in  this  State,  be 
wher»  «ta-   an(j  ^ey  are  hereby  authorized  to  assemble  at  such  place  as  they 

may  be  stationed  at,  and  cast  their  votes,  as  though  they  were   in 

the  town  or  city  where  they  reside. 
two  resident     2.  Sec.  II.  That  at  said  elections  it  shall  be  lawful  for  any  two 

commission-  *  '  J  J    i       1  J 

«£,  °tfi;«»°f  commissioned  officers,  residents  of  the  State,  to  preside   and  hold 

this   State  to  ,  »  '•_       <  *  t    .  ,, 

presid..       gai(j  elections  under  the  same  rules  and  regulations  that   are  now 


tioned. 


PUBLIC  LAWS— Elections.  27 

Volunteers  nud  other  troops  to  vote  at  nil  elections. 

prescribed  by  law  for  holding  such  elections,  and  make  returns  of  J;.g^arti0*iba 
the  same,  as  though  the  said  election  had  been  held  in  the  town  or 
city  of  the  residence  of  the  voters  respectively,  sending  a  copy  of££d,™'tob* 
the  list  of  voters,  and  a  copy  of  the    tally  sheet  to  either  the  Al ay-  Li,t of  v.ten 
or,  Intendant,  Alderman,  Conn  oilmen  or  Wardens  of  the  town  ofgerlt^be 
city,  where  the  soldiers  voting  reside  ;  and  all  elections  thus  held  "ent" 
shall  be  accounted  good  and  valid  ;  provided,   the    returns  thereof, proviso, 
shall  reach  the  proper  municipal  authority,  within  fifteen  days  af- 
ter the  day  of  said  election. 

3.  Sec  III.  Be  it  further  enacted.  That  the  registry  laws  in  force ^'^y^* 
for  all  cities  and  towns  in  this  State,  shall  not  apply  to  absent  sol-*°g'eth,,8VO- 
diers  and  detailed  men,  voting  under  the  provisions  of  this  Act. 

4.  Sec.  IV.  Be  it  further  enacted,  That  said   commissioned  offi-  toTibS" 
cers  authorized  to  hold  the  several  elections  provided  for  by  thisstateu,ent- 
Act,  shall,  before  they  proceed  to  hold  said  elections,  subscribe  the 
following  statement  in  writing  ;  (first  state  the   regiment,  Battal- 
ion or  company  of  which  they  are  members,    station   and  date)  ; 

each  and  both  of  us  declare  on  honor,  that  we  will    faithfully  su- 
perintend this  day's  election  ;  that  we  are  commissioned  officers  in'S^anut of 
the  Confederate,  or  State  service,  (state  the  regiment,  Battalion  or 
company,)  that  we  will  make  a  just  and  true    return  thereof,  that 
we  will  not  knowingly  permit  any  one  to  vote,   unless  we  believe 
he  is  entitled  to  do  so,  according  to  the  laws  of  Georgia,  nor  know- 
ingly prohibit  any  one  from  voting,  who  is  entitled  by  law  to  vote, 
and  we  will  not  divulge  for  whom  any  vote  was  cast,  unless  called 
on  under  the  law  to  do  so  ;  and  it  shall  be  the  duty  of  said   Super-n^t.  t«iiT 
intendents  to  forward  a  copy  of  said  statement,  with  the  copies  of »'■»<*«•  to b«> 
the  tally  sheet  and  list  of  voters,  and  the  same  shall  be  taken  in  of  oath  now 
lieu  of  the  oath  now  required  by  law  to  be   taken  by   Superinten-iaw. 
dents  of  such  elections. 

Sec.  V.  Repeals  conflicting  laws. 

Assented  to  Dec.  1st,  1SG3. 

(No.  23.) 

An  Act  to  amend  an  Art  entitled  an  Act  to  authorize  all  volunteers  and 
other  troops  in  the  service  from  this  State,  to  vote  at  all  elections  with- 
out reference  to  the.  place  where  they  may  be  in  service  at  the  time  of  such 
elections  and  for  other  purposes,  assented  to  December  14th,  180:2.        Art  of  B(,c 

Uth,  1«6;', 

5.  Sec.  I.   The  General  Assembly  of  Georgia   do  enact,  That  from  am<udcd- 
and  after  the  passage  of  this  Act  the  above  recited  Act  be  amended  gec-(ul<j9d 
by  adding  the  following  section    thereto,  That  said   commissioned Com  offiMr, 
officers  so  entitled  to  hold  said  elections,  shall  before  they  proceed £,t^£tlbh, 
to  hold  the  same,   subscribe  the  following   statement  in    writing  :wriUa»- 
(first  state  the  regiment,  Battalion  or  company,)  each    and  both  of 

us  do  declare  upon  honor,  that  we  will  faithfully-  superintend  thissutcmeut 
day's  election,  that  we  are  commissioned   officers  of  the  State  or 
Confederate  government,  (state  the  regiment,  Battalion  or  compa- 


28  PUBLIC  LAWS— Elections. 

Volunteers  and  other  troops  to  vote  at  all  elections. 


ny)  that  we  will  make  a  just  and  true  return  thereof;  that  we  will 
not  knowingly  permit  any  one  to  vote  unless  we  believe  him  enti- 
tled to  do  so  according  to  the  laws  of  Georgia  ;  nor  knowingly  pro- 
hibit any  one  from  voting,  who  is  entitled  by  law  to  vote,  and  we 
will  not  divulge  for  whom  any  vote  was  cast  unless  called  on  un- 
der the  law  to  do  so. 

6.  Sec.  II.  Be  it  further  enacted,  That   it   shall    be   the  duty  of 
Tot.ef.rw»r-said  Superintendents  to  forward  a  copy  of  said  statement  with  the 
ri^to \»7 copies  of  the  tally  sheet  and  list  of  voters,    and  the  same  shall  be 
ofoath.    KU taken  in  lieu  of  the  oath  now  required  by  law  to  be  taken  by  Su- 
perintendents of  such  elections. 
Sec.  III.  Repeals  conflicting  laws. 

Assented  to  Dec'  14th,  1S63. 


PUBLIC  LAWS — Executors,  Administrators,  &c. 


TITLE  VIII. 


29 


Guardians,  Trustees  &c,  may  invest  in  Confederate  bonds  ami  in  hini  and  negroes. 


EXECUTORS,  ADMINISTRATORS,  GUARDIANS  AND  TRUSTEES. 


Sec.  1.  Gnardinns,  Executors,  Administrators, 
and  Trustees  allowed  to  invest  funds, 
in  Confedi  i  ig  notes 
or  in  State  or  '  Bonds. 
Proviso.  applica- 
tion '  Court 
Within  12  1  itiv.ei  tm<  nl 
full  unci  - ;  be  made. 


Same  as  to  investment  in  land  and 
negroes. 
2.  Preamble.  Executors,  Administrators, 
and  Gurolinns  may  publish  m 
sales  in  newspapers  having  largest 
circulation  in  counties  where  prop- 
erty  is  sold. 


pplira- 

of 
Court. 


(No.  24.) 

An  Act  to  amend  an  Act  entitled  an  Act  to  authorize  Guardians,  Trus- 
ters, Executors  and  Administrators  to  invest  in  Confederate  bunds  and 
in  land  and  negroes,  assented  to  December  16th,  lSiil. 

1.  Sec.  I.  The  General  Assembly  of  Georgia  do  enact,  That  the SStSSte. 
Act  to  authorize  Guardians,  Trustees,  Executors  and  Administra- 
tors to  invest  it:  Confederate  bonds    and  in  lands    and  ntegroes,  as- funo^iSei- 
sented  to  December  lGth,  1S61,  is  hereby  amended  as  follows:  in ;;;,; ,.'",",•£*„_ 
addition  to  the  investment  in  said    Act  authorized,  Guardians,  Ex-,. 
editors,  Administrators  and  Trustees  are  hereby  authorized  to  in-;;r,,,;;''';rrn,t'ho 
vest  in  interest-bearing  Treasury  notes  of  the  Confederate    States, 2S&5Eiw 
and  all  such  bonds  as  may  have  been  and  may  hereafter  be  issued'" 
by  the  ( 'onfederate  States  and  by  the  State    of  Georgia  ;  provided,  Provi80. 
that  before  making  any  such  investment  as  in  said  Act  allowed,  and 
asinthis  Act  is  allowed,  theExe'r.,  Adm'r.,  Guar'n  or  Trustee,  so  de-Mmt&Bt 
siring  to  invest,  shall  first  make  application  to  the  Judge  of  the  Supe-loInX" 
rior  Court  of  the  circuit  in  which  he  resides,  or  in  case  of  the  absence SuprCo 
of  such  Judge  from  the  State,  the  Judge  of  any   adjoining  circuit 
for  leave  to  do  so,  whereupon  the  Judge  is   hereby  authorized  to 
hear  testimony  and  argument  either  at  term  time  or  at  chambers  in 
vacation,  as  to  which  of  the  investments  authorized  is  the  best  for 
the  interest  of 'the  wards,  heirs,    legatees   or  cestui  qui  trust;  and 
shall  in  his  order  direct  in  what  securities  or  property  the  proposed 
investment  shall  be  made  ;  and  whenever  such  investment  shall  be 
made  in  bonds  or  interest-bearing  notes  of  the  Confederate  States 
of  America,  or  bonds  of  the  Si  ate  of  Georgia,   the  Executor,  Ad- 
ministrator, Guardian  or  Trustee  so  investing,  shall  within  twelve"^"  ^ 
months  thereafter,  make  a  legal    return  thereof,   in  which  he  shall JSiKSS'wji- 
set forth  the  prices  paid,  the  time  of  the   purchase   and  ilm  iianie^S"1"* 
of  the  seller;  and  whenever  the  investrnenl  shall   have  been  made 
in  land  and  negroes  or  other  property,  he  shall  set  forth  a  part ieu- .w^oiu. 
lar  description   thereof,  slating  price,  and  from    whom    and  when jSftSi  £t 
purchased,  all  which    shall  be  entered    on  record  by  the  Ordinary  *"*•• 
subject  to  like  scrutiny  and  exceptions,  with  oilier  returns  of  per- 
sons acting  in  any  of  the  above  mentioned  capacities. 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  Dec.  14,  1SG3. 


30  PUBLIC  LAWS— General  Assembly. 

Sales  by  Administrators,  Executors  and  Guardians— Tho  hour  of  the  meeting  of  the  General  Assembl)-. 

(No.  25.) 

An  Act  regulating  the  advertising  of  sales  by  Administrators,  Executors 
and  Guardians,  and  for  other  purposes. 

Whereas,  the  Code  of  Georgia  requires  Administrators,   Exec- 
Prcambie.     utors  and  Guardians    to  publish    the  notice  of  the   sales  they  are 
authorized  to  make  in  the  gazette  in  which    the  county  advertise- 
ments are  published  ;  and  whereas,  this   means  of  advertising  not 
unfrequently  fails  to  accomplish  the    object  of  giving  publicity  to 
those  sales,  for  the  reason,  that  the^ property  to  be  sold  may  be  lo- 
cated in  some  county    remote  from  the   one  in  which   the  gazette 
aforesaid  is  published,  and  where  it  has  little  or  no  circulation  ; 
Admini.tra-       2-  Sec.  I-   Therefore,  be  it  enacted,  fyc,t  That  after  the  passage  of 
to"'aendTu«- this  Act  it  shall  be  lawful  for  Administrators,  Executors  and  Guar- 
puuuhnoHce ^'an8»   to  publish  the   notice  of  sales   they  may  be  authorized  to 
•^p'ap°rBn0T,  make  for  the  time  prescribed  by  law,  in  any  newspaper  or  gazette 
f*^"rgEuir-  having  a  general  circulation  in  the  county  where   the  property  to 
cuiationhitheDe  s0]j  js  located,  and  this  shall  be  deemed  a  full  and  sufficient  no- 

where  proper- £jce  Qf  guch   ga|es 
ty  n  lo»at«a. 

Sec.  II.  Repeals  conflicting  laws. 
Assented  to  Dec.  11,  1S63. 


TITLE  IX. 


GENERAL    ASSEMBLY. 

Sec.  1.  Changing  the  hour  of  meeting  of  the   General    Assembly  of  the  State  of  Georgia 
From  what  hour.    To  what  hour. 

(No.  2G.) 

An  Act  to  alter  and  change  the  hour  for  the  meeting  of  the  General  As- 
'  sembly  of  the  State  of  Georgia. 

w  of  'meV     Section  I.  Be  it  enacted  by  the  General  Assembly  of  the   State  of 
lU8,  Georgia,  That  the  hour  for  the  meeting  of  the  General  Assembly 

From  what  h  of  the  State    of  Georgia,   be  and  the  same  is  hereby  altered   and 
changed. hour changed    from   noon,  to  the  hour   of  ten  o'clock  in  the  lorenoon  ; 
any  law  or  custom  to  the  contrary  notwithstanding. 

Assented  to  Nov.  23d,  1S63. 


PUBLIC  LAWS— Insurance  Companies. 


31 


Empire  State  Insuronce  Company. 


TITLE  X. 

INSURANCE   COMPANIES. 


Sec.  1.  Empire    State    Insurance     Company 
Capital  stock  and  size  of  Bkares. 
"    2.  Company  incorporated.    Name.    Gen- 
eral powers. 

"  3.  Election  of  Directors  and  other  oflicers 
Vacancies  how  filled. 

"    4.  Powers  of  President  and  Directors. 

•'  5.  May  take  tire,  marine  and  inland  risks 
of  insurance  and  upon  lives.  When 
contracts  of  company  binding.  May 
receive  deposits,  loan  money,  dis- 
count notes,  ifcc. 

"  6.  Liability  of  company — of  Stockhold 
era.    How  payable. 

'•     7.  When  losses  to  be  paid. 

"  8.  Legal  effect  of  notes,  &.c.  Payable  at 
office  of  Company. 

"     9.  Duration  of   charter. 

"  10.  Oglethorpe  Insurance  Company  ot 
Savannah.  Corporators.  Name 
Subscriptions  may  be  received  to 
amount  not  exceeding  one  million  of 
dollars  j  in  shares  of  $100.  Twenty 
per  cent  to  be  paid  in  at  time  of  sub- 
scription, subscriptions  to  be  sealed 
]\«w  publication  for  opening  books 
to  be  made. 

"  11.  When  corporate  powers  attach.  Pow- 
ers granted.  Proviso  as  to  real  es- 
tate. 

"  12.  Notice  of  time  and  place  to  organize 
to  be  given  when  $100,000  cash  paid 
in.  Notice  how  given.  How  many 
Directors  and  mode  of  election 
Stockholders  allowed  to  vote  accord- 
ing to  shares  held.  Regulations  foi 
voting.  Duties  of  commissioners  at 
to  issuing  certificates  of  election* 
and  turning  over  money  und  books 
to  Direct 

"J3.  Term  of  office  of  Directors.    President 

how  elected.    Vacancies  in  office  ol 

and  Directors  how  filled. 

"  14.  Number  of  Directors  may  be  ii 

by  <■  invention  of  Stockholders.   I>i- 
ors  may    pass    necessary    By- 
Laws.    Proviso. 

"  is.  Directors  may  receive  subscriptions  oi 
■took  until  made  up— certificates  ol 
stock  to  be  Issuod.  Transfers i 
allowed  on  conditions. 

"  16.  Directors  niay  enforce  by  suit  all  as- 
sessments by  summary  process. 


"  17.  By  whom  and  how  convention  of  stock- 
holders may  be  called. 

"  18.  When  organized  may  insure  against 
risks  by  fire;  «.Vc,  also  vessels, 
freights,  profits,  &c.  May  be  rein- 
sured. 

"  19.  Officers  and  Stockholders  personally 
liable  for  any  insurance  until  $100,- 
000  be  paid  in. 

"  20.  May  borrow  and  invest  its  money  in 
profits.     Liable  to  suit. 

"  21.  Duration  of  franchise.  Liable  to  tax- 
ation. 

"  22.  Individual  property  liable  to  amount 
of  stock. 

"  23.  Charter  for  thirty  years, 

"  24.  "Home  Insurance  Company"  incorpo- 
rated. Capital  Stock  and  size  of 
shares. 

,;  25.  Corporators.    Name.  General  powers. 

"  26.  Election  of  Directors  and  other  offi- 
cers. 

"  27.  Powers  of  President  and  Directors. 

"  28.  May  take  tire,  marine  and  inland  risks 
of  insurance  and  upon  lives.  When 
contracts  binding.  May  receive  de- 
posits, loan  money,  discount  notes, 
&C. 

"  29.  Life  department  may  be  seperated 
from  general  business.  Married  wo- 
men may  insure  live!  of  husbands. 

"  30.  Liability  of  Company  and  stoekhold- 
-    ers  to  creditors. 

"  31.  Losses  against  Company,  how  obtain- 
ed. 

"  32.  Bills,  bonds  and  notes  payable  at  of- 
fice of  Company  governed  by  Bank 
rules. 

"  33.  Charter  for  30  years. 

"  34.  Charter  "Stonewall  Insurance  ( 

ny"amendi  d,  -r>t!i,  7th  and  8th  Si  cs. 
of  Ad  April  16,  1862:  repealed. 

"  35.  Directors  may  give  notice  to  doubtful 
Stockholders  to  strengthen  stock ,  or 
in  default  <n.ler  Bale.  Purchaser 
substituted.  Defaulters  liable  to  suit. 

"  3G.  Directors  may  call  in  stock   notes  and 
assessments  on  30  daj  '.-  notici 
viso. 

"  :i7.  Conditions  of  purchasing  stock. 

"38.  Name  Of  Southern  Insurance  Compa- 
ny changed. 


(No.  27.) 

An  Act  to  incorporate   an  Insurance   Company  in  the  city  ofMacon^  to 
be  called  the  "Empire  State  Insurance  Company" 

1.  Sec.  I.  Be  it  enacted  by  the  Oew  ral  Assembly  of.Georgiaa  That 
there  shall  he  established  in  the  city  ot  Macon,  an  Insurance  com-  «»^  ■»•  °°i 
pany,  the  capital  stock  of  which  shall  be    three  hundred  thousand'  nU 
dollars,  but  which  may  be  increased  to  a  further  sum  of  one  mil- 


32  PUBLIC  LAWS— Insurance  Companies. 

Empire  Stato  Insurance  Company. 

lion  of  dollars  should  the  interest  of  the  company  require  it,  to  be 
divided  into  shares  of  one  hundred  dollars  each,  but  said  company 
may  organize  and  proceed  to.  business  when  one  hundred  thousand 
dollars  shall  have  been  subscribed,  and  twenty  per  cent  paid  there- 
on. 

2.  Sec.  II.  Be  it  further  enacted,  That  for  the  purpose  of  organ- 
•oonip»^di>'-izin2:  said  corporation,  J.  E.  Jones,  J.  W.  Fears,  James  J.  Snider, 

P.  Loud,  and  Geo.  S.  Obear  or  a  majority  of  them,  citizens  of  Ma- 
con, their  associates  and  successors,  are  hereby  created  a  body  cor- 

Name.  porate  under  the  name  and  style  of  the  "Empire  State  Insurance 
Company,"  by  which  name  they  may  have,  purchase,  receive,  pos- 

GeneraiPow-gess>  enj0y  atK]  retain,  and  sell  property  of  all  kinds,  sue  and  be 
sued,  have  and  use  a  common  seal,  which  they  may  break,  alter 
and  renew  at  pleasure,  elect  its  own  officers,  and  make  such  By- 
Laws,  rules  and  regulations  as  may  be  deemed  necessary  to  carry 
into  effect  the  objects  of  this  corporation. 

3,  Sec.  III.  The  said  corporation  shall  be    managed  by  not  less 

Election    of    ?,  „         •-* .         ',  -\  n         ,  ,  • , 

DiTt-cton;  and  than  rive  Directors,  a  majority  ol  whom  may  constitute  a  quorum 
'"'forthe  transaction  of  business,  each   of  which  directors  shall  be  a 
stockholder  to  an  amount  not   less  than   ten    shares,   who  shall  be 
elected  at  such  time  and  place  as  the  corporators  or  their  successors 
may  designate,  and  hold  their  offices  for   one  year,    or  until    their 
•   successors  are  elected  ;  the   directors   aforesaid  shall  out  of  their 
number  elect  a  President,  who  shall  serve  for  twelve   months,   or 
vacancies      until  a   successor   is   elected,   and  (ill  any  vacancy   occasioned  by 
liovrfiu.d.     death  or  otherwise  in  the  office  of  the  President,  and  with  the  advice 
and  consent  of  the  President,  elect    a   Secretary,  Actuary,    or  any 
other  officers  or  Agents  whose  services  may  be  needed  in  carrying 
out  the  objects  of  this  corporation  ;  a   vacancy    in  the   Board  of 
Directors  occurring  during  the  period  of  their  election  may  be  fill- 
ed by  the  remaining  Directors  until  the  next  annual  election  by  the 
Stockholders  ;  at  all  elections  by  the   Stockholders  a   Stockholder 
may  vote  by  proxy,  none  but  a  Stockholder  acting  as  such  pryxy. 
Powers  4.  Sec.  IV.  Be  it  further  enacted ,  That  the  President  and  Direc- 

Director"!andtors  shall  have  power  to  appoint  and  remove  at  pleasure  all  officers 
or  agents  of  said  corporation  ;  They   shall  have  power  to  appoint 
a(?0enuTd'io- agents  and  locate  offices  in  such  places  and  at  such  times  as  they 
cai  on***.    siia]j  cleem  best  for  'the  interests  of  said  company  ;  to  prescribe  the 
duties  of  agents  and  officers,  to  take  from  them  bonds  for  the  faith- 
ful performance  thereof,  to  appoint  a   President  pro  tern,  in  the  ab- 
sence of  the  President  ;  and  further,  the  said  President  and  Direc- 
tors shall  have  power  and  authority  from  time  to  time  to  call  for 
the  payment  of  the  unpaid  stock  in. such  sums  as  they  may  deem 
proper,  and  said  stock  shall  be  considered  and   held   as   personal 
property  ;  and  upon  the  neglect  or  refusal  of  any   Stockhojder  to 
To  «eii  stock  pay  the  instalment  as  called  for    by  .  the   President  and  Directors 
stockhoC.i  therefor,  thirty  days'  notice  being  given  in  any  one  or  more  of  the 
city  papers,  said  Board  may  j;ell  such  stock  at  public  outcry,  and 
said  delinquent  Stockholders  shall  be   liable   for  any  balance  duer 


PUBLIC  LAWS — Insurance  Companies.  33 

Empire  State  Insurance  Company. 


or  which  may  become  due  by  him  or  them  to  said  corporation,  and 
may  be  sued  for  in    any  Court   having   jurisdiction  ;  and  the  said 
President  and  Directors  shall  have  further  power  to  make  dividends  awuES'JVnd 
and  fix  the  place,  and  define  the  manner  of  paying  the   dividends,  It**?*  ,f 
paying  interest  and  transferring  stock,    and    no   stockholder   shall 
have  power  to  transfer  his  stock  in   said  corporation  while  indeb-  fndebteld*o 
ted  to  the  same,  and  said  stock  shall  not  be  liable  for  any  other  ob-  m'b£rf££ 
.ligation,  so  long  as  he  is  a  debtor    to  said  corporation  for    money"!  or  li,We* 
borrowed,  or  premiums  due,  or  installments  unpaid.  , 

5.  Sec.  V.  Be   it  farther  enacted,  That   said    corporation   shall,, 

,  ,  .  .  .    ,  ,  ,,  .  . ,    \   .  •      ,  May  take  firs, 

have  authority  to  insure  against  losses  bv  fire  in  all  kinds  of  proD-Pa»rin«  and 

i  1  :         J  1  ■        j.      ii  ji         i  t  « ■  *         4       "'land      ri«kn 

erty,  real,  personal,  or  mixed  ;  also  against  all  the  hazards  ol  ocean  rf  i*<nnru», 
or  inland    navigation,   and  transportation    of  every  kind  ;  also  to  lires."1** 
make  insurance  on  lives,  and  all  and  every   insurance  appertaining 
to  the  duration  of  human  life,  for  such  nett  premiums  as  they  may 
determine  ;  and  said  company  shall    be  liable  to    make   good,  and 
pay  to  the  several  persons  who  may  insure  in  said  company,  for  the 
losses  they  may  sustain,  or  for  life  insurance,    in    accordance  with 
the  terms  of  the  contract  or  policy  issued  by    said  company  ;  and m£? oTa>. 
no  policy  or  other  contract  of  said   company  shall    be  binding,  ex-  l,i: 
ccpt  it  be  signed  by  the  President  or  Vice  President,   Secretary  or 
Actuary  of  said  company;  and  said  conSpany    shall  have  power  to  MwTdS<£" 
receive  money  on  deposite,  to  loan  and  borrow  money,  to  take  and  Ley. t^ 
give  such  securities  therefor  aS  may  be   considered   best,   to.  invest  not'"'8'il8' 
its  moneys  upon  such  terms  as  may  be  best,  and  transfer  its  prop- 
erty at  pleasure  ;  to  purchase  and  discount  notes  and   bills  of  ex- 
change, and  to  do  all  other  acts  it  may  deem  advisable  for  the  safe 
keeping  and  secure  investments    of  its    funds  ;  and  said  company 
shall  have  power  and  authority  to  make  re-insurances  of  any  risks 
that  may  be  taken  by  them. 

G.  Sec.  VI.  Be  it.  further  enacted,  That   said    company    shall  be  LiabTt    of 
responsible  to  its  creditors  to  the  extent  of  its  property;  and   the0* 
Stockholders  shall  be  liable  to  the  extent  of  double  the  amount  0f stoekholder'- 
their  respective  stocks,  payable  in  currency,    for   the  debts  of  the  h^  p°j»m*. 
company,  in  proportion  to  the  number  of  shares  held  by  each. 

?.  Sec.  VJI.  Be   it  further  niacin],  That  all    claims  for   losses  wh««  io.w 
against  said  company  shall  be  due  and  payable   in  sixty   days  after*01*'  paid' 
proof  of  the  loss  has  been  furnished  at  the  office  of  said  company ; 
and  in  disputed  cases,  in  ten  days  alter  final  decision  of  the  proper 
tribunal  :  and  in  each  case   named,  the  sum  ascertained    to  be  dun 
shall  bear  interest -from  the  time  made  due  and  payable. 

8.  Sec.  VIII.   Bt  itfurilier  enacted,  That   all    bills,  bonds,  and 
promissory  notes  made  payable  al  the  office  of  said  company,  ehaUiSfitJS? 
have  the  same  legal  effect,  and  may  be  subject  to  all  legal  remedies,  S'oo?  "** 
the  same  as  if  they  were  made  payable  at  any  bank  in  this  State. 

9.  Sec.  IX.  Bt  itfurtlier  That  this  charter  shall   be  in  !>„««„„  0. 
full  force  and  efteel  for  the  term  of  thirty  years.  chn: 

.  X.  Repeals  conflicting  laws. 
Assented  to  Nov.  24,  1S63. 
3 


34  PUBLIC  LAWS — Insurance  Companies. 

Oglethorpe  Insurance  Company. 

(No.  28.) 

An  Act  to  incorporate  the    Oglethorpe  Insurance   Company  of  Savan- 
nah. 

10.  Section  1.  Bt  it  enacted  ffcl,  That  Robert  Habersham,   Ed- 
corporatcr..  w,ml  j^delford,    Andrew  Low,    John  L.    Villalonga,  James    W. 
Lathrop,  James  McIIenry  and  Noble  A.    Hardee,  be  and  are  here- 
'bv  constituted    and  appointed    commissioners    to  open    books  of 
subscription  to  the  capita!  stock  of  the  company  by  this  act  to  be 
incorporated,  and  to    be  located  in  the  city   of  Savannah,  in   this 
State,  to    be  called  "The  Oglethorpe  Insurance    Company  of  Sa- 
.vannah;"  said  commissioners,  or  any  three  ofthemjshalkhave  pow- 
er, and  are  hereby  authorized  to  keep  open  said  Books  for  such  time 
as  they  may  think  proper  in  the  city  of  Savannah,  and  at  other  places 
mUabyTeptre"dif  they  deem  it  proper  so  to  do,    and  receive  all  subscriptions  that 
*xceeaa?Hgnotmay  be  offered  to  an  amount  not  exceeding  in  the  whole  one    mil- 
star^o" °|'ioo Hon    ot  dollars,  in  shares  of    one  hundred    dollars    each,  whereof 
sopercent  to  twenty  per  cent  shall  be   paid   to  said  commissioners  at   the  time 
ttoT'of^  of  subscription,  but    should  it  so  happen,  that  subscriptions  to  an 
Bcription.      amount  exceeding    one  million    of  dollars,  which  shall  be  the  ex- 
sabacriptiou.tent  of  the  capital  stock    o*said  company,  be  received  by  the  ac- 
«  mak!^' ting  commissioners,  while  the  books  are  open,  it  will  be  their  duty 
cIpitaLmillionto  scale  down  the  subscriptions  for  the  greatest  number  of  shares, . 
so  as  to  reduce   the  whole   subscription  to  one  million  of  Dollars, 
and  said  commissioners  shall  give  notice  of  the  time  and  place  or 
how  Pubuaa-^mies  or  p]aces  0f  opening  such  books  by  publication  in    at   least 
in°gUbookTtoone  newspaper    published  in  the  city    of  Savannah,   and   in  such 
other  papers  as  they  may  deem  best,  at    least  twenty  days   before 
the  time    appointed  for  opening    the    books.     All    subscriptions 
which  may  be  made  in  pursuance  of   this  act  shall,  with  the  ex- 
ception of  the  payment  herein  before  required   to  be  made   at  the 
time  of  subscribing,  be  binding  on  the    subscribers   respectively, 
their  heirs  and    legal    representatives,  and  be  payable  in  such  in- 
stalments and  at  such  times  as  the  President  and  directors,   to  be 
constituted  under  this  act  may  prescribe  in   conformity  with  the 
provisions  of  this  Act. 

2.  Section  II.  And  be  it  enacted  by  the  authority^  aforesaid,  That 
when  corpo-when  the  subrciption,    authorized  in   the  first  section  of  this   Act 
ra^powe»   ^^    amount  to    one  million  of   dollars,    or   when  one  hundred 
thousand  dollars  in  cash  shall  have  been    received  by  said  commis- 
sioners, on  account  of  said  subscriptions,  then  said  subscribers  shall 
be  and  become  a  body  corporate  and    politic,  with  continued  suc- 
cession, under  the  name  of  the  Oglethorpe  Insurance    Company  of 
powersgrant- Savannah,  and  by  that  name  shall  exercise  corporate  powers  and 
ed-  be  competent   to  contract   and    be    contracted  with,   sue  and   be 

sued,  plead  and  be  impleaded,  in  any  court  having  Jurisdiction  in 
the  subject  matter  involved;  and  shall  be  capable  of  receiving, 
purchasing,  holding,  owning  and  using  property  of  all  descriptions, . 


PUBLIC  LAWS — Insurance  Companies.  35 


Oglethorpe  Insurauce    Company. 


of  aliening,  conveying,  leasing,  mortgaging  or  otherwise  disposing     ■ 
of  the  same  in  any  manner  that  a  natural  person   lawfully  might. 
-     dispose   of  similar    property,  Provided,,  that  said  company   shall' 

not  have,  or  hold,  or  own  more  real  estate  than  may  Unconsidered  ^"tate.40 
necessary  for  offices,  and  other  buildings£wherein  to  carry  on  its 
business,  except  for  the  purpose  of  collecting  some  debt/or  due, 
or  demand  of  the  company;  said  company  shall  have  power  to 
make  and  use,  renew  and  alter  at  pleasure  a  corporate  seal,  and  to 
do  all  acts  and  things  necessary  or  proper  to  carry  into  effect  the 
objects  and  purposes  of  this  Act,  and  the  business  of  said  corpora- 
tions, not  inconsistent  with  the  laws  of  this  State  or  of  the  Con- 
federate States. 

,     12.  Section  III.   Be  it  further   enkctedhy   the  authority  aforesaid,    .' 
That  whan  the    Commissioners  who    may  act  to  receive  subscrip- 
tions, as  provided  for  by  the  first  seel  ion  of  this  Act,  shall  have  re- 
ceived one  hundred  thousand   dollars  in    cash,  on  account  thereof,  ^d^v1™* 
they  shall  cause    notice  to  be  given  to  the  subscribers    by  adver-v.^ivl^wueu 
tisement,  in  at  least  one  newspaper  published  in  the  city  ofSavan-^fe^0*1* 
nah  ,and  elsewhere  if  they  see  lit,  two  consecutive  weeks  prior  to 
the  time  appointed  for  the  meeting  of  the  subscribers,    requiring  Notice  bo*- 
them  to  assemble  at    the  time  and  place  to  be  designated  in    the     "' 
publication,  to  organize   and  elect    a  board  of  directors.     On    the 
assembling  of  the  subscribers,   or  such  of  them   as  may  choose   to 
attend,  the  Commissioners  who  may  act,  shall  proceed  to  hold  anHow-»any 
election    for    Directors  of  the  company,   seven  in  number,  to    be ™£? „",£"- 
chosen  by  ballot  from  the  stockholders,    and  no  person   shall  be  ation- 
director  of  said  company  who  shall  not  be  a  stockholder  to  the  ex- 
tent of  twenty  shares  and  upwards.     All  stockholders,  at  all  elec- 
tians  of  the  company,  ana  in  all  matters  pertaining  totiie  '  interests  Sg^^S8 
of  the  company,   acted    on  in  convention,  shall  be  entitled   to  one7Qt*  acc,ord~ 

1  •  „     ■        ,  1  i    ■  .  *•"   vwo  111s  to   ehareB 

vote  lor  every  share  oi  stockj  owned.and  may  vole  111  person  or  by1"'1''- 
proxy  in  writing.  Executors    i>.\\<\  Administrators   shall  be  entitled 
to  control  the'votes  to  which    the  testator    or  intestate  would    be 
entitled  if  living,  and  the  stock   of  minors   will  he   represented  by 
their  Guardians.     All    votes  shall  be    by  ballot  and  in  all  cases  n  R**«i««<«« 
plurality  of  the  votes  given  shall  elect.     The  Commissioners  who 
may  act  (any  three  or  more  named  in  the  first  section  of  this  Act,) 
shall  be  judges  of  the  first  election  of  directors,  and  shall    receive 
and  count  the  votes,  and    ascertain  the  result    and  certify  accord- 
ingly, and  the  certificate  of  three  or    more  of  said    Commissioners, 
who  may  act,  shall    be  sufficient  evidence    of  the  election   of  tlieSifetaL. 
peraoos  declared  by  them  to  heeled  id.     After  the  -  lection  of  saidin"s"Vmif;."' 
Directors,  the  Commissioners  shall  deliver  to    the  Board  of  Direc*8!?1£it££ 
tor-  1,  all    moneys  and credits    in  their  hands,  and  the  sub- 5."XdM0" 

scription  hooks  to  the  stock  of  said  company,  and  an  account  of  allSj0  Di~ 
their  actings  and  doii  ich  Commissioners;  whereupon  their 

functions  shall  c< 

]3.  Section   [V.   /'■■  it  further  enacted  by  the  authority  aforesaid. 
fhat  the  first  and  all    subsequent   boards'  and  Di<  ii;,]i   De 


36  PUBLIC  LAWS — Insurance    Companies. 


Oglethorpe  Iii8«rance  Company. 


Temnreof     elected  to  serve  for  one  year,  or  until  the  election  of  their  succes- 
r«t£i°     "  sors,  and    each  board    shall  choose  one  of  their    own  number  as 
ho^ua.  President,  who  shall  act  as  President  of  the  Company,  and[shallbe 
so  styled,  and  shall  hold  the  office  of  President  until   the   election 
vac«>ci«  i» of  his  successor.     Every  board   of  Directors  shall    have  power. to 
*£nt°ofrFDi-'fill  all  vacancies,    which  may    occur  in    the  office  of   Director  or 
T«aor,  u.w   presj<jent>  and  may    appoint    from  their    own  body,  or  from   the 
body  of  the  stockholders,  a  President  pro  tempore,  to  serve  as  Presi- 
dent of  the  company,  during  the  absence  of  the  regular  President. 

14.  Section  V.  Be  it  further  enacted   by  t lie   authority   (/foresaid, 
That  the  number  of    Directors    of  said  Company  shall    consist  of 

Dfneton  °   seven,  including    the  President,  but  the    company  in    convention 
™eLd8  by   shall  have  the  power  to  increase  or  diminish    the  number  of  Di- 
XTkhoideH0  rectors,  as  may  be  desired.     A  majority    of  the  Directors   known 
to  be  in  the  city  of  Savannah    at  the    time  of  meeting,   including, 
the  President  or  President  pio  tempore,  shall  constitute    a  board  for 
Direetorsm«yall  purposes,  which  shall  have  power   to  enact  all  by-laws    which 
f"yaby*wmay  be  deemed  necessary  ant?  proper  for  the  business  of  the  Com- 
pany, and  may  amend  and  repeal  the  same,    and  may  exercise  all 
the  powers  granted  by  this  Act  to  the  Company  to  be  organized 
under  it,  and  may  confer  on  the  Presi  lent  and  other  officers  to  be 
appointed,  such  powers  as  may  be  deemed  proper,  consistent  with 
this  Act ;  and  may    appoint    all  such  officers    and   agents  as   the 
board  may  deem  necessary  and  proper  for  the  business  of  the  com- 
pany, and  fix  their  rate  of  salary  or    compensation  ;  and  may  re- 
quire of  any  officer  or    agent    appointed  by  the  board  such   bond 
and  security  as  may   be  deemed  proper  to    secure  the  faithful  dis- 
charge of  dut}',    and  trust   of  such  officer,  or  agent,  and    may  de- 
clare and  pay  or  cause  to  be  paid  to  the  stockholders,  at  such  time 
and  manner  as  they  may  think  proper,  dividends,   from  the  earned 
profits  of  the  Company.     Provided  always,  that  the  stockholders  in 
convention  shall  have  power  to  regulate  and    limit  the  discretion-- 
proriso.       ary  powers  conferred  on  the  board  of  Directors,   and  to  repeal,  al- 
ter or  amend  any  by-law  or   regulation  which  may  be   enacted  or 
established  by  the  board  of  Directors. 

15.  Section  VI.  Be  it  further   enacted  by   the  authority   aforesaid , . 
That  in  case  the  subscriptions  to  the  capital  stock  of  said  compa- 

DirectorBinayrjy  received  by    the  Commissioners,    while  exercising   their  func- 
»en?puonS  'oftions  under  this  Act,  shall  not    reach  one  million  of   dollars,  the 
iaLup.      board  of  directors  after  the  organization  of  said  company,   as  here- 
in before  provided,  may   continue  to   receive  additional   subscrip- 
tions to  the  stock  of  the  company   on  such  terms  and   payable  in 
such  manner  as  the   board  may   prescribe,  until    the   whole  sum, 
namely,  one  million  of  dollars  authorized  to   be  subscribed  for  by 
S^tobeu- this  Act,  shall  have  been  subscribed.     Certificates  of  stock  shall 
*ued-  be  issued  to  stockholders  in  such  form  and  manner  as  the  Board  of 

Directors  may  prescribe,  and  the  board  shall  have  power  from 
time  to  time  to.  prescribe  and  regulate  the  manner  in  which  the 
stock,  or  certificates  of  stock  may   'be  transferred,  but  no  transfer- 


PUBLIC   LAWS— Insurance-  Companies.  37 

Oglethorpe    Insurance   Company. 


or  assignment  of  stock  shall  operate  to  release  the  subscriber  fromJ™,£%"J*i 
any  obligation  to  the  company,  without  the  express  agreement  or°n  conditi.ii. 
consent  of  the  Board  of  directors. 

16.  Section  VII.  Be  it  further  enacted,  That  incase   any  sub-  Director,  may 
scriber  to  the  stock  of  the  company  shall  fail  or  refuse  to  pay   auy«Hit0«fr««se«- 
of  the  assessments  or  calls  for  payments,  which  may  be    made  by"™™*/ 
the  Board  of    Directors,    within    the  time   required,     the  Board pr° 

of  Directors  may  at  any  time  thereafter,  proceed  to  enforce  the 
payment  of  the  entire  indebtedness  for  subscribtion  to  stock  of 
such  defaulting  subscriber,  by  bringing  suit  therefor,  in  the  Courts 
of  the  city  or  county  where  such  defaulting  subscribers  resides, 
and  when  no  valid  defense  is  set  up,  judgement  shall  be  given  and 
entered  at  the  first  term  of  the  Court,  to  which  suit  is  brought,  or 
the  said  stock  belonging  to  such  delinquent  may  be,  by  resolution 
of  the  Board  of  Directors,  sold,  in  which  case  the  portion  previ- 
ously paid  in  shall  be  forfeited  to  the  company. 

17.  Section  VIII.  Beit  further  enacted,  That  any  number  of  the  Bywii«>m 
Stockholders  of  said  company  who  own  or   represent  at  the   time"^™  o°°" 
one    quarter  of  the  actual    capital    stock,  may,  by  giving  twenty  may^citai. 

*  days  notice  thereof,  in  at  least  one  of  the  newspapers  published  in 
the  city  of  Savannah,  call  a  meeting  or  convention  ot  all  the 
Stockholders  of  the  company,  at  such  time  and  place  in  the  city  of 
Savannah,  as  may  be  in  said  call  designated,  but  no  act  of  therrovi.o. 
Stockholders  m  convention,  except  the  election  of  Directors,  shall 
be  valid  or  binding  on  the  company,  unless  a  majority  of  the 
stock  shall  be  duly  represented. 

IS.  SECTION  IX.  Be  it  further  enacted,  That  when  said  company 
shall  have  received  from  the    Commissioners  in  manner   stated  in  VVhen orggn_ 
section  three,  the  sum  of  one  hundred    thousand  dollars,    the  saidj^'  ".^j"' 

.   company    shall  have  power  to  insure  against  loss    or  damage  by^k9^T  fire' 
fire,  dwelling  houses,    stores,  ware    houses,    mills,    manufactories, Alf0  „„,.,„_ 
vessels  in  port  and  their  cargoes,  produce,   merchandise,  furniture, {£;*{£  Pro_ 
and  everything  that  can  be  lawfully  insured  against  fire.     Also  to 
insure  vessels,  cargoes,  freights,  profits,  bottomry,  and  respondentia 
interests,  and  to  transact  every  kind   of   marine  and  inland  naviga- 
tion and  transportation  insurance  business,  and    for  all  such    insu- 
rances   to    fix  rates  of  premium,  and   collect    the  same;  and    said 
company  Bhall  have  the  right  to  cause  themselves  to  be  re-insured, "^a. 
whole  or  in  part,  against  any  risk  upon  which  they  may  make  in- 
surance. 

19.  Section  X.   Be  it.' further  enacted,  That  said  company  shall 

-  . ,  ,  i         ,         ,  '  i  Officer*   and 

not  make  any  insurance,  until  as  much  as  one  hundred  thousand •tockhoidew 
dollars  of  the  capital   stock  shall   have  been  paid    in,   and  if  theySte'T/aly^ 

,       ,.  ,     '.  ,  •  n    ii    •  insurance  u«- 

shall  make  such  insurance,  contrary  to    the  provisions  ot  this  sec-tu _*io»,ooo 
.  tion,  all  officers  and  stockholders  who  assent  thereto,  shall  be  per-1"- 
sonally  liable  for  such  insurance. 

20.  SECTIOM  XI.  I'"  it  further  enacted,  That  the  said  Company K^rt'iT. 
shall  have  power  to  borrow  money  and  issue  its  obligations  there- ™'£ ■■*■ 
for,  to    invest  its    money  and  property    in   such    manner  as  the 


38  PUBLIC  LAWS— Insurance    Companies. 

The  Home  Insurance  Company. 

Board  of  Directors  may  approve,  not  inconsistent  with  the  pro- 
visions of  this  Act,  and  the  said  property  and  securities  to  sell  and 
transfer  at  pleasure.  It  may  loan  its  money  or  property  to  any 
person,  or  persons,  or  corporation,  on  any  security  it  may  think 
proper,  and  all  persons  and  corporations  shall  have  the  same  reme- 
dies against  said  company,  for  any  claim  or  demand  against'  it, 
"■"*.*•*>&  which  the  company  may  possessor  the  enforcement  of  its  claims 
and  demands  against  all  persons,  other  than  its  stockholders,  as 
well  as  all  other  legal  remedies. 

21.  Section  XII.  Be  it  further  enacted,  That    this  Act,    and  all 
the  privileges  and  powers  herein  granted,  shall   continue  in  force 

EZth-Z. of  tor  the  term  of  thirty  years,  from  and  after  the  organization  of  the 
Company,  which  may  be  organized  under  said  Act,  and  the  prop- 
erty, funds  and  business  transactions  of  said  company  during  its 
existence,  shall  be  subject  to  the  same  rate  of  taxation  as  is  or 
LiaMe  to  tax- m  ay  be  imposed  bylaw  on'money  or  property  of  the  same  kind  and 
•K«n.  similar  business  transactions  of 'individuals,  like  corporations  or 
citizens  of  this  State. 

22.  Section  XIII.  Be    it  further    enacted,  That   the    individual 
indiTiduai     property  of  each  stockholder  shall  be  held  and  bound  for  all  losses 

property      lia-  *  -f         .  •  c 

w«>t°am'tofor  liabilities,  in  proportion  to  the  amount  of  stock  held  by  each. 
«.  J  e  on     23.  Section  XIV.  Be  it  further  enacted,  That  this  charter  shall 

Charter  for  80  ,  J  ^ 

jeara.         he  in  full  force  and  effect  for  the  term  of  thirty  years. 
Section  XV.  Repeals  conflicting  laws. 
Assented  to  Nov.  24,  1863. 

(No.  29.) 

An  Act  to  incorporate  an  Insurance  Company  to  he  called  "  The  Home 
Insurance  Company." 

24.  Section.  I.  Be  it  enacted  _hy  authority  of  the  Stale  of  Georgia) 

That  there  shall  be  established  in  the  city  of  Savannah,  or  some 
other  city,  under  the  jurisdiction  of  the  State  of  Georgia,  an  lusn- 
•]j£  "p8" "" ranee  Company,  the  capital  stock  of  which  shall  be  live  hundred 
thousand  dollars,  but  which  may  bo  increased  to  two  million  and 
a  half  dollars,  should  the  interest  of  the  company  require  it,  to  be 
divided  into  shares  of  fifty  dollars  each,  but  said  company  may  pro- 
ceed to  organize  and  Commence  business,  when  one  hundred  thou- 
sand dollars,  shall  have  been  subscribed,  and  twenty  per  cent  paid 
thereon. 

25.  Sec.  II.  Be  it  fiirthe?  enacted,  That  John  C.  Ferrill,  Isaac  D. 
„       ,      LaRorche,  W.  C.  Butler,  E.  C.  Wade,  A.  Wilbur,  Jno.  W.  Ander- 

Corporator!).  '  '  '  ' 

son,  D.  H.  Baldwin,  Win.  Nagle  Habersham  and  Henry  Brigham 
of  Savannah,  E.  C.  Granniss,  Isaac  Scott,  G.  R.  Barker  of  Macon, 
C.  H.  Johnson,  A.  Meritt,  of  Griffin,  L.  B.  Davis,  J.  T.  Porter,  L. 
S.  Salmons,  M.  S.  Cohen,  of  Atlanta,  or  any  five  of  them,  their  asso- 
ciates and  successors,  are  hereby  constituted  a  body  corporate,  un- 
Nan«.  der  the  name  and  style  of  "  the  Home  Insurance  Company",  under 
which  name  the}r  may  have,  purchase,  receive,  possess,  enjoy  and 


Capital  etoek 


PUBLIC  LAWS— Insurance  Companies.  39 

The  Home  Insurance  Company. 

retain,  and  sell  property  of  all  kinds,  necessary  for  the  conducting  Ocueralpow.. 
of  its  business,  or  for  the  better  securing  of  any  debt  due  the  cor-erB- 
poration  ;  sue   and  be  sued  ;  have    and  use  a  common  seal,  which 
they  may  break,  alter  and  renew  at  pleasure,  elect  its  officers  and 
make  such  by-laws,  rules  and  regulations,  as  may  be  deemed  neces- 
sary to  carry  into  effect  the  object  of  this  corporation. 

26.  Sec.  III.  Be  it  further  enacted,  That  said  corporation  shall  Election  of 
be  managed  by  not  less  than  seven  Directors,  live   of    whom  shall  other  *«i. 
constitute  a  quorum  for  the  transaction  of  business,  eaeh  of  which 
Directors  shall  be  a  stockholder  to  the  amount  of  fifty  shares,  who 

shall  be  elected  at  such  time  and  place  as  the  Corporators  and  their 
successors  shall  designate,  and  hold  their  office  for  one  year,  or  un- 
til their  successors  shall  be  elected.  The  directors  aforesaid  shall 
out  of  their  number,  elect  a  President,  who  shall  serve  for  twelve 
months,  or  until  a  successor  is  elected,  and  fill  any  vacancy  by 
death,  or  otherwise,  in  the  office  of  President;  and  with  the  advice 
and  consent  of  the  President,  elect  a  Secretary,  Actuary  or  any  oth- 
er officers  or  agents  whose  service  may  be  needed  in  carrying  out 
the  objects  of  this  corporation.  A  vacancy  in  the  Board  of  Direc- 
tors can  only  be  filled  by  the  stockholders  at  a  meeting,  after  no- 
tice of  the  time  and  place  of  meeting,  and  further,  there  shall  be 
one  vote  for  each  share,  and  that  absent  stockholders  may  vote  by 
proxy  ;  Vroiided,  the  party  so  voting  by  proxy,  is  himself  a  stock-  • 
holder. 

27.  Sec.  IV.   Be  if  further  enacted,  That  said  President  and  Di- 
rectors  shall  have  power  to. appoint  and  remove  at  pleasure,  all  oi-jjawjt^aM 
ficers  or  agents  of  said  corporation  ;  they  shall  have  power  to  ap- 
point agents,  and  lortite  offices  in  such  places,  and  at  such  times,  asTo  Bppoillt 
they  shall  deem  best  for  the  interest  of  said  company  ;  to  prescribe gRSSl10" 
the  duties  of  agents  and  officers  ;  to  take  from  them  bonds  for  the 
faithful  performance  thereof;  to  appoint  a  President  pro  tern,  in  the 
absence  of  the  President;  and  further,  that  said  President  and  Di- 
rectors shall  have  power  and  authority,  from  time  to  time,  to  call 

for  the  payment  of  the  unpaid  stock,  in  such   sums  as  they    may 
n  proper,  and  such  stock  shall  be  held  and  considered  as  per- 
al  property,  and  upon  the  neglect  or  refusal  of  any  stockholder 
to  pay  the  installments,  as  called  for  by  the  President  and  Direc- 
tors, thereupon  ten  days  notice  being  given   in  one  or  more  of  the. 
public  prints"  said   Board  may  sell  such  stock  at   public  outcry, Ttt :ie„  rt00k 
and  said  delinquent  stockholder  shall  still  remain  liable  for  the  baK^jgj^f 
ancedue,  or  which  may  become  due    by  him  to  said  corporation, 
and  may  be  surd  therefor  in    any    Court  having  jurisdiction;  and 
said  President  and  Directors  shall  have  further  power  to  makediv 


ideuds,  and  fix  the  place  and  define  the  manner  ol   paying  the  dlVl-ideud.^end 
dcuds,  paving  interest,  and  transferring  stock  ;  and  said   President K°r 
and  Directors  shall  also  have  the  power  to  give  holders  of  the  pql- hoiaw.  of 
aid  Company  the  riffht  to  participate  in  the  netf  profits  ofp* 

1  ■  .  i  l  I    uetpiofiU. 

the  company,  to  such  an  extent,  in   such  manner,  and  upon  such 
}erms,  as  they  may  deem  proper. 


40  PUBLIC  LAWS— Insurance  Companies. 

The  Home    Insurance    Company. 

28.  Sec.  V.  Be  it  further  enacted,  That  said  corporation  shall 
May  take  ffre,  have  authority  to  insure  against  losses  by'fire,  in  all  kinds  of  proper- 

mariue  and      j-,i  i  "  1  •         l  i  •  .  -,  • 

inland risk8   ty  either  real,  personal,  or  mixed,  orchoses  inaction  :  also, against 
and  npon     all  hazards  ot  ocean,  or  inland  navigation,  or  transportation  ot  any 
kind  ;  also,  to  make  insurance  on  lives,  and  all  and  every  insurance 
appertaining  to  the  duration  of  life,  for  such  premium  as  it  may 
determine  ;  and  said  company  shall  be   liable  to    make  good,  and 
pay  to  the  several  persons,  who  may  insure  in  said  Company  for  the 
losses  they  may  sustain,  or  for  life  insurance,  in  accordance  only 
with  the  terms  of  the  contract,  or  policies  issued  by  said  company; 
w-ueu  con-   aud  no  policy  or  other  contract  of  said  Company  shall  be  binding  ; 
biSdin?  Co'  except  it  be  signed  by  the  President,  or  Vice-President,  Secretary 
or  Actuary,  of  said  Company  ;  and  said  Company  shallhave  power 
SiveCrdepose"to  receive  money  on  deposit,  paying  therefor  such  interest  as  may 
nVducountk*3  agreed  npon  ;  to  loan  and  borrow  money,  to  take  and  give  there- 
npu«,tc.     for  such  securities  as  may  be  considered  best;  to  invest  its  funds 
upon  such  terms  as  may  be  best,  and  transfer  itsproperty  atpleas- 
n       ure;  to  purchase  and  discount  notes  and  bills  of  exchange,  and  do 
all  other  acts  it  may  deem  advisable,  for  the  safe-keeping  and  se- 
cure and  profitable  investment  of  its  funds;  and  said  Company 
shall  have  power  and  authority  to  make  re-insurance  of  risks  that 
may.  be  taken  by  them. 

29.  Sec.  VI.  Be  it  father  enacted,  That  said  Company  shallhave 
m«ntdnfaybePower' wlien  deemed  advisable  by  them,  for  the  interest  of  the 
ftomg«erai  Company,  to  separate  the  life  department  of  their  business  from  the 
buBme.s.      general  business  of  the  Company,  and  when  so  separated,  all  the 

funds,  whether  received  for  premium,  interest,  dividend  or  other- 
wise, in  said  department,  shall  be  held  as  a  separate  and  sacred 
trust,  for  the  sole  use  and  benefit  of  those,  who  may  be  insured  in 
that  department,  free  fromyill  other  claims  against 'said    corpora- 
meTmayhTt'011  of  every  kind  ;  and  it  shall  be  lawful -for  any  married  woman 
SalTdt ol  to  insure  the  life  of  her  husband,  for  the  sole  use  and  benefit  of  her- 
self and  children,  and  to  pay  the  premium  for  the  same. 
.  30.  Sec.  VII.  Be  it-farther  enacted,  That  the  said  Company  shall 
coabandstock  ^e responsible  to  its  creditors  to  the  extent  of  its  property,  and 
holders  to   the  stockholders  shall  be  liable  to  the  extent  of  the  full  amount  of 
their  respective  stock,  subscribed  for  by  them,  for  the  debts  of  the 
company,  in  proportion  to  the  number  of  shares  held  by  them,  but 
no  stockholders  shall  sell  or  transfer  his  stock  while  he  remains  in- 
debted to  this  company  without  the  consent  of  the  Company.    , 
31.  Sec.  VIII.  Be  it  further  enacted,  That  all  claims  for  losses 
JSd,co,fh?waSa'ni8ti  said  Company,  shall  be  due  and  payable  in  sixty  days  after 
obtained,      proof  of  the  loss  has  been  furnished,  at  the  office  of  said  Company, 
and  in  disputed  cases,  in  ten  days  after  final  decision  of  the  proper 
tribunal,  and  in  each  case  named  the  sum  ascertained  to  be  due, 
Bin,  b0BdS   S'3a^  ^ear interest  from  the  time  made  due  and  payable, 
notes  payable     32.  Sec.  IX.  Be  it 'further  enacted ',  That  all  bills,  bonds  and  prom- 
soid  Co.,  gov-issory  notes  made  payable  at  the  office  of  said  Company,  shall  have 
i»«kf tiie«.    the  same  legal  effect,  and  may  be  subjected  to  all  legal  remedies, 


creeitors. 


PUBLIC   LAWS— Insurance  Companies.  41 

Stonewall   Insurance    Company. 


the  same  as  if  made  payable  to  any  Bank  in  the  State,  and  all  priv- 
ileges of  removal  heretofore  granted  to  the  Banks  of  Savannah,  in 
case  of  invasion  or  otherwise,  are  hereby  granted  to  this  Company. 

33.  Sec.  X.  Be  it  further  enacted,  That  this  charter  -shall  be  in  5i,.'£rfer*> 
full  force  and  effect  for  the  term  of  thirty  years. 

Sec.  XI.  Repeals  conflicting  laws. 
Assented  to  Dec'r  7,  1SG3. 

(No.  30.) 

An  Act  to  amend  an  Act,  entitled  an  Act  to  incorporate.the  Stonewall  In- 
surance Company,  and  fur  other  purposes}  assent  i  d  to  April  1  C>th,  1  SO:?. 

34.  Section.  I.  The  General  Assembly  do  enact,  That  the  fifth,  Rrp«ai,  stb, 
seventh  and  eight  sections  of  said  Act,  be,  and  the  same  are  hereby  s^/c^Actor 
repealed,  and  the  following  be  substituted  in  lieu  thereof:  Apr.ie,  isb2. 

35.  Sec.  V.  Be  it  farther  nuicted,  That  the  Directors  shall  have  _. 

*  l  i  •  •  r    i  Dim-tors 

power  to  inquire  into  said  stock  notes  at  any  time  ;  and  it  doubt  is  [^J^Ulf 
entertained  as  to  the  solvency,-  it  shall  be  their  duty  forthwith  toj^stockhoid- 
give  notice  to  the  maker  of  such  doubtful  note  to  strengthen  the  «trcngthea 
same  in  ten  days,  and  it  not  done  in  that  time  to  the  satisfaction  op,"^*,011.  °r- 

»  tier    BUI*.1 

the  Directors,  the  membership  of  said  defaulting  party  shall  cease, 
and  determine  from  the  day  of  default,  and  the  stock  held  by  such 
defaulter  shall  be  advertised  ten  days,  at  the  expiration  of  which 
time  it  shall  be  sold  at  public  sale  to  the  highest  bidder,  who  shallf^J^i. 
make  his  stock  note  acceptable  to  the  Directors,  and  the  purchaser 
of  such  stock  shall  be  substituted  for  the  defaulting  party.  The 
proceeds  from  the  sale  of  such  stock  shall  first  indemnify  the  Com- Defaulter  iia- 
pany  for  any  loss  and  expenses  incurred  by  such  default,  and  the 
balance  shall  belcng  to  the  defaulting  party,  notwithstanding  such 
defaulting  party  shall  be  liable  to  suit,  for  his  pro  tata  share  of  loss 
sustained  by  the  Company,  priortothe  sale  of  his  stock. 

36.  Sec.  VI.  Be  it' further,  enacted,  That  the  Directors  shall  have  Dirtc** 
power  to  call  in  any  portion    of  said   stuck  notes;  provided,  it   is "'"rk'notc'" 
needed  to  pay  off  losses  sustained  by  the  Company,  and  will  also meiuonM 
give  thirty  days  notice  of  said  call.     And  also,  have  power  in  their dn>'*not,ce- 
discretion,  to  call  in  installments  of  said  notes,  for  other  purposes; 
•provided,  they  give  thirty  days  notice  thereof,  and  do  not  call  in  more 

than  ten  per  centum  of  said  notes,  al  any  one  time.  And  any  stock- 
holder failing  to  respond  to  the  call,  in  either  instance,  in  the  time 
named'  shall,  at  the  discretion  of  the  I  directors,  be  liable  to  the  con- 
dition and  penalties  ofa  defaulting  party  in  Section  fifth. 

37.  Si:r.  VII.  /'»■  it  further  enacted.   That  no  person  shall  become Cot"litirn8  of 
a  stockholder  in  this  Company  by  the  purchase  of  stock,  except  he,tock- 
shall  make  his  stock  note  acceptable  to   the    Directors;  nor  shall 

the  liabilities  of  any  stockholder  to  the  conditions  of  this  charter, 
cease,  by  sale  of  his  stock,  until  such  stock  shall  have  been  trans- 
ferred on  the  books  of  the  Company.* 
Assented  to  Nov.  2G,  In 

"For  Act  of  Incorporation,  see  Acts  of  1863,  page  H7. 


42 


PUBLIC  LAWS— Judiciary. 


Preamble. 


Reorganization   of  Jury  Boxes. 


(No.  31.) 

An  Act  to  amend  an  Act  incorporating  the  Southern  Insurance  Company, 
passed  December  17 tk,  1S61. 

Jf'hereas,  In  consequence  of  the  similarity  of  names,  (there  being 
no  less  than  five  companies  already  in  existence,  with  the  word 
"  Southern"  in  their  title,)  confusion,  to  a  greater  or  less  degree, 
exists  among  those  doing  business  with  said  companies,  and  wherc- 
as*,  it  will  be  for  the  interest  of  the  public  general]}',  that  a.title 
designating  this  Company  more  particularly,  be  adopted,  there- 
fore, 

Section  I.  Beit  enacted,  §c,  That  the  title  of  the  the  Southern 
so°uth7rV  fn-  Insurance  Company,  be  changed,  ';  To  the  Southern  Insurance  and 

■urance  Com-  l         J  '  o        » 

pany;changed  Trust  Company  of  Savannah".* 

Sec.  II.  Repeals  conflicting  laws. 
Assented  to  Dec'r  5,  1863. 

"For  Act  of  Incorporation,  see  Acts  of  1861,  page  47. 


Name  of  the 


TITLE  XI. 


JUDICIARY. 


Sec. 


1.  Justices  of  the  Inferior  Court   shall  re- 

organize Jury  Boxes.     When  done. 
Who  liable. 

2.  Of  force  for  war. 

3.  Adjournment  of  Superior    Courts   by 

Clerks  legalized  in  certain  eases. 

4.  Inferior  Court  may  select  place  to  hold 

Sup'r.  and   Infr,   Courts  of  Glynn 
cuuuty. 

5.  Time  of  holding  Infr.  Court  of  Miller 

Co.  changed. 

6.  Time  changed  for  holding  Infr.  Court 

of  Stewart  Co. 

7.  Change  of  Infr.  Court  of  Pike  Co- 


Business  transferred. 

Supr.  and  Infr.  Courts  of  Mcintosh 
Co.  where  held. 

Clks.  Supr.  aud  Infr.  Courts  of  Charl- 
ton Co.  must  keep  their  offices  at 
Court-house. 

Respondent  may  recriminate  in  divorce 
cases,  and  jury  must  grant  divorce 
to  libellant  or  respondent,  accord- 
ing to  proof. 

Forfeiture  for  refusing  to  grant  writ  of 

».   Habeas  Corpus: 

Legalizing  marriages  between  first 
cousins. 


Changes  in  Code,  by  amendment  and  repeal. 


See.  14.  Repeals  Sec.  4459  of  Code. 

•'  15.  Makes  forestalling,  regrating  and  en- 
grossing indictable. 

"  16.  Penalty  for  violating  Sec.  1855  of  Code. 

"  17.  Sec.  (511  of  Code  amended. 

"  IS.  Sec.  2480  amended. 

"  19.  liepeals  so  much  of  Code  as  prohibits 
creation  of  trusts  for  male  persons 
of  sane   mind. 

"  20.  Sec  1658  of  Code  repealed. 
■  "  21.  Legalizes  marriages  not  solemnized  ac- 
cordingly- 

"  22.  Sec3.  3  and  12  of  Code  repealed. 

"  23.  Sees. 2509, 8510,2512  and  3618  of  Code 
repealed,  as  to  requiring  notice  in  a 
gazette,  to  obtain  titles  on  bonds  oi 
deceased  persons. 


26. 

Si. 


"  28. 
"  29. 


20, 


Kind  of  notice  prescribed. 

Caveat  how  tried.  Appeal  to  Supr' 
Court  allowed. 

Costs  how  paid. 

Tax  defaulters  double  taxed  first  year, 
four  fold  seeond  year,  &c. 

Sec    633  Of  Code  repealed. 

Sec.  163Q of  Code  amende^.  Proceed- 
ing to  obtain  charters  for  manufac- 
turing purposes. 

As  to  cases  pending. 


(No.  32.) 
An  Act  to  reorganize  the  Jury  Boxes  of  the  several  counties  in  this  State, 
and  to  point  out  who  shall  be  liable  to .  serve  on  Juries. 
1.  Section  I.   The  Senate  and.  House  of  Representatives  of  the  State 


PUBLIC  LAWS— Judiciary.  4,3 

Adjournments  of  Superior  Courts — Pluce  of  holding  Superior  and  Inferior  Courts   in  Glynn  co. 

of  Georgia  do  enact,  That  the    Justices   of  the   Inferior  Courts    of 

the  several  counties  of  this  State,  or  a  majority  of  them,  shall  meet  iS"'.' court 

at  their  respective  Court-houses,  on  the  first  Monday  in  June  next,  L'ejUi^0bo«»* 

or  so  soon  thereafter  as  practicable,    and  cause  lists  of  the   names 

of  all  the  citizens  of  such  counties  over  the  age  of  twenty-one  years  ^hfndonc- 

who  are  not  physically  and  mentally  unable  to  serve  on  juries,  to 

be  made  out  and  placed  in  the  jury  boxes  of  said    counties,  which 

i      II    i  •        i   i  n'  r  Wko  liable. 

persons  shall  be  required  to  serve    on  juries,   regardless   ot  age  or 
profession,  except  practicing  Attorneys  at  Law. 

2.' Sec.  II.  Be  it  further  enacted,  That  this  Act  shall  be  of  force  of  forw  for 
from  its  passage,  and  shall  continue    until  the  termination  of  the  war- 
war. 

Sec.  Repeals  conflicting  laws. 

Assented  to  Dec.  7,  1S63. 

(No.  33.) 

• 
An  Act  to  legalize  and  male  valid  all  adjournments  of  (he  Superior  Courts 
of  the  several  counties  of  this  State  by  the  Clerks  of  said  Courts,  where 
the  presiding  Judges  of  said  Courts  may  have  been  absent,  and  may 
have  Jaded  to  issue  an  order  for  adjournment  to  the  Clerics  of  said 
Courts,  from  Providential  cause. 

3.  Section  I.  Be  it  enacted,  §'c.  That  in  all  cases  where  any  of  the 
Superior  Courts  of  this  State  may  have  been  adjourned  by  the  Clerks  ofSoMCont 
of  said  Courts,  in   the  absence  of  the  presiding  Judge,    who    may^juedta'cer. 
have  failed    to  issue  an  order  for  adjournment   to  the  said  Clerk, 

from  Providential  cause,  said  adjournment  by  said  Clerks  are  here- 
by legalized,  and  declared  to  be  valid,  to  all  intents  and  purposes. 

SEC.  II.  Repeals  conflicting  laws. 
'  Assented  to  Nov.  IS,  1SG3. 

(No.  34.) 

An  Act  to  alter  and  change  the  •place  of  holding  the  Superior  and    Infe- 
rior Courts  <f  the  county  of  Glynfy. 

WhbbeaS,  The  Court-house  of  said  county  is  untenable  on   ac- 
count of  the  proximity  of  the  enemy  at  Brunswick. 

4.  SECTION   1.    /  ted  by  the   General  'Assembly  of  Georgia, 
Thai  from  and  after  thi  e  of  this  Act,  the   Superior  and  In-™ 
ferior  Courts  of  the  county  of  Glynn,  shall  be  held   at  such   pi  '{^ 
as  the  Inferior  Court  may  select.                                                                V£0. 

Sec.  Repeals  conflicting  lav. 

Assorted  to  Dec.  14,  I- 


44  PUBLIC  LAWS— Judiciary. 

» : , 

Superior  ami  Interior   Courts  in   the   counties  of  Miller,  Steward,  P.ke  and  Mslntosh. 

(No.  35.) 

An  Ac  to  alter  and  change  the    time  of  holding   the  Inferior    Courts  of 

Miller  and  Stewart  counties. 

*■ 

5.  Section  I.  Be  it  enacted  by  the    General    Assembly  of  Georgia, 
That  the  time  of  holding  the  Inferior  Courts  of  Miller  county,  be 

Mi'ieroouutyso  changed,  as  to  hold  the  Courts  on  the  first  Mondays  in  June  and 

when  held.       t-v  i  •  i  I   • 

December,  in  each  and  in  every  year. 

6.  Sec.  II.  Be  it  further  enacted,  That  the  time  of  holding  the 
s„w_rtUc_. "'Inferior  Courts  in  the  county  of  Stewart  be  changed  Irom  the  first 
whenheid.    ]\ioridays  in  February  and  June,  to  the  third  Mondays  in  January 

and  Juhf. 

Sec.  III.  Kepeals  conflicting  laws. 

Assented  to  Dec.  7,  1S63. 

(No.  36.) 

An  Act  to  change  the  time  of  holding  the  Inferior  Courts  oj  the  county  of 
Pike. 

Tj-e^changed      7.  Section  I.  The  General  Assembly  of  Georgia  do  enact,  That  from 
i°frCo!"t8    and  after  the  passage  of  this  Act,  the  time  of  holding  the  Inferior 
Court  ot  Pike  county  shall  be  changea  from  the  first  Mondays  in 
June  and  December,  to  the  first  Mondays  in  January  and  July. 
8.  Sec,  II.  Be  it  further    enacted,  That   all   suitors,   witnesses 
transfer™*,    and  parties  interested  in  the   proceedings    of  said  Court,    shall  be 
bound  to  appear  at  said  terms  of  January  and  July,  and  on  failure, 
shall  be  subject  to  the  same  liabilities  and  penalties* as  though  they 
had  failed  to  appear  at  the  terms  of  June  and  December. 
Sec.  III.  Repeals  conflicting  laws. 
Assented  to  Dec.  5,  1S63. 

(No.  37.) 

An  Act  to  alter  and  change  the  -place  of  holding  the  Siqicrior  and  Inferior 
•      Courts  for  the  county  of  Mcintosh. 

Whereas,  the   Court-house  of  said  county  has  been  burned  by 
the  public  enemy  at  Darien,  as  well  as  the  entire  city  of  Darien. 
supr.  &  infr.      9.  Section  I.  Be  it  enacted,  Sfc,  That  from  and  after  the  passage 
fntor8_c0o__ty°f  this  Act,  the  Superior  and  Inferior  Courts  of  the  county  of  Mc- 
whereheu.  jntosh  shall  be  held  at  Ebenezer  Church,  near  the  residence  of  W. 
H.  McDonald  in  said  county,  or  at  such  other  place  as  the  Inferior 
Court  shall  ordain  and  direct. 
Sec.  II.  Repeals  conflicting  laws. 
Assented  to  Nov.  23,  1863.*  , 


PUBLIC  LAWS— Judiciary.  45 

Divorces — Habeas   Corpus  Laws— Marriage   of   First  Cousins. 

~~      ~~~  (No.  3S.) 

An  Act  to  repeal  an  Act  entitled  an  Act  to  authorize,  the  Clcrls  of  the 
Superior  and,  Inferior  Courts  and  Ordinary  of  Charlton  county  to 
keq)    their  offices  at  their  residences,  if  within  six  miles  of  the    Court- 

h°USC'  Clerks  of  Snp. 

10.  Section  I.  The  General  Assembly  of  Georgia  do  enact.  That  «n<\  ordinary 
the  above  recited  Act,  be,  and  the  same  is  hereby  repealed,  'and £°-.«™>tkeep 
that  said  offices  be  hereafter  kept  at  the  Court-house.  court"™'.*' 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  Dec.  11,  1S63.  , 

(No.  39.) 
An  Act  to  carry  into  effect  so  much  of  the  second  section  of  the  fourth  ar- 
ticle of  the  Constitution  as  relates  to  divorces. 

11.  Section  I.   The  General  Asst  mbly  of  Georgia  do  enact,  That 
when  a  libel  for  divorce  is 'instituted,  the  respondent    may  in  his  "'af"'n',"t 
plea  and  answer  recriminate,  and  ask  a  divorce  in  his  or  her  favor,crtnto2»,xet 
and  if  on  the  trial,  the  jury  believe   such  party   is  entitled  to  di-gr^w^ra 
vorce  instead  of  the  libellant,  they   may  so  find  upon    legal  proof, proof?1"* to 
so  as  to  avoid  the   necessity  of  a  cross  action  ;  if  one    verdict    is 

found  in  favor  of  the  respondent,  the  libellarft  cannot  dismiss  his 
or  her  suit,  without  the  consent  of  the  opposite  party.* 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  Dec.  3,  1SG3. 

•See  Constitution  of  State-  Sec.  497-1  of  Code. 

(No.  40.) 

An  Act  to  Amend  the  Habeas  Corpus  laws  of  this  State. 

12.  Section  I.   The  General  Assembly  of  the   State  of  Georgia  do 

enact,  That  when    any   person  shall    apply  for  a  writ    of   Habeas  mSS^*,** 
Corpus  to  any  Judge    of  the  Superior,  or  Justice  of  the   Inferior  K*..wciVof 
Courts,  whose  duty  it  is  to  grant  said  writ,  such  Judge  or  Justice, pU8- 
so  refusing  to  grant  the  same,  shall  forfeit  to  the  party  aggrieved, 
the  sum  of  twenty-five   hundred   dollars,  to  be  recovered    in  any 
Cou^rt  of  law  in  this  State  having  jurisdiction  of  the  same. 
Sec.  II.  Repeals  conflicting  laws. 

Assented  to  Dec.  14,  1SG3. 

(No.  41.) 

An  Aet  to  legalise  all  marriages,  between  first  cousins,  which  hare  bren 
contracted  since  January  1st,  1S63. 

13.  Section  t.  Be  it  enacted,  That  all  first  cousins,  who  ba ve 5SSZr^St b#" 
heretofore  intermarried  since  the  1st  day  of  January  1863,  are""j8Dn" '^ 
hereby  relieved  from  any  penalties  they  may  have  incurred  under,  Iei'Ur<*L 


46  PUBLIC  LAWS— Judiciary. 


Changes  in   the  Code  of  Georgia. 


Sec.  4459- 1 


the  laws  of  this  State,  and  that  all  such  marriages  are   hereby  de- 
clared to  be  legal. 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  Dec.  11,  1S63. 

Changes  in  Code  of  Ga.  fey  amendment  and  repeal* 

(No.  42.) 

An  Act  to  repeal  section  4459  of  the  Revised   Code  of  Georgia,  and    to 
substitute  another  in  lieu  thereof. 

14.  •Section  I.      The  General  Assembly  of  Georgia  do  enact,  That 
9»or  from  and  a^er  tue  Passage  of  this  Act,  section  4459  of  the  revised 

c£de repealed  Q0(\e  0f  Georgia  be,  and  the  same  is  hereby  repealed. 

15.  Sec.  II.  Be  it  further  enacted,  That  the  common  law  be 
fegrrtinjand  revived  and  declared  of  full  force  and  effect,  as  if  said  section  of 
dSiengin'the  Code    had  not  been  adopted,  and   that  any  person  or  persons 

charged  with  the  offences  known  to  the  common  law  as  forestall- 
ing, regrating  or  engrossing,  may  be  indicted  in    any   Superior  or 

penalty.  Corporation  iCourt  having  jurisdiction  thereof,  and  who  may  be 
found  guilty,  shall  be  punished  by  fine  not  exceeding  the  value  of 
the  goods  so  forestalled,  regrated  or  engrossed,  and  punished  in 
the  common  jail  not  exceeding  six  months.     It  is  hereby  made  the 

.  ,     J«  dutv  of  the  Judges  of  the  above  named  Courts  to  give  this  section 

Judzee  shall     "uvjrv  O  #  ,  °  . 

pre  thu  Act  jn  special  charge  to  their  respective  Grand  Jurors  at   the  opening 
charge.        0f  ^he  several  terms  thereof,  t 

Sec.  III.  Repeals  conflicting  laws. 

.  Assented  to  Dec.  5,  18G3. 

"Changes  in  the  Code  have  been  inserted  under  the  title  of  "Judiciary,"  ns  several  of  the 
Act*  belong  under  that  head,  and  all  are  of  public  importance.  It  was  deemed  advisable  that 
all  the  Acts  of  this  class  should  be  compiled  together.  COMPILRK. 

tSec.  4459  of  Code  abolished  the  offences  of  forestalling,  regrating  and  engrossing.  This  Act 
reinstates  and  makes  them  indictable. 

(No.  43.) 
An  Act  to  amend  the  lS5oth   paragraph  of  the    Revised  Code  of  Gcor- 

s'm- 

16.  Section  I.    The  General  Assembly   of  Georgia  do  enact,  TJiat 

from  and  after  the  passage  of  this  Act,  if  any   person  shall    vioiate 

£XaKV  the  provisions  of  the  one   thousand    eight  hundred    and  fifty-fifth 

MaSrcfc  (1855)  paragraph  of  the  revised  Code  of  Georgia,   he,  she,  or   they 

shall  be  punished  by  fine,  at  the  discretion  of  the  Court.* 

Sec.  II.  Repeals  conflicting  laws. 

Assented  io  Dec.  12, 1363, 

'  *Sec  1855  of  Code  provides,  that  each  owner  shall  keep  his  slaves  on  his  own  premises,  or 
within  his  control.  Shall  not  penait  them  to  labor  or  transact  business  for  theuwelves  ex- 
cept on  holidays,  or  ou  his  own  premises.  Nor  to  rent  any  house,-room,  store  or  land  on  their 
own  account. 


.PUBLIC    LAWS— Judiciary.  47 


Changes  in  the  Code  of  Georgia. 


(No.  44.) 

An  Act  to  amend  section  011M  of  the  Code  of  Georgia. 

17.  Section  I.    The  General  Assembly   of  the    State  of -Georgia  do 
enact,  That  from  and  after  the  passage  of  this  Act,  the  following;  . 
words  to-vvit :  "provided  the    public   road  overseer,  in  charge  ofcode  «&. 
them  respectively,  are  paid  one   dollar  per  day    for  each  hand  sode*' 
liable,"  in  section  six  hundred  ami  eleventh  (oil)  of  the   Code  of 
Georgia,  be  altered,  so  as  to  read  as  follows  to  wit :  "provided  the 
public  road  overseer,  having  charge  of  them  respectively,  are  paid 
two  dollars  and  fifty  cents,  per  day,  for  each  hand  so  liable."* 

Sec.  II.  Repeals  all  conflicting  laws. 

Assented  to  Dec.  5,  1S03. 

*Sec.  611  of  Code  provided,  thai  laborers  on  any  lino  of  incorporated  Rail  Roads  liable  to 
road  duty,  could  he  relieved  by  paying  t..  overseer  one  dollar  par  hand  for  each  day  This 
Act  raises  amount  to  be  paid,  to  $2.50  per  pay,  to  be  expended  in  procuring  other  hands. 

(No.  4-3.) 

An  Act  to  amend  the  2i$Qth  section  of  the  revised  Code  of  Georgia. 

IS.  Section  I.  The  General  Assembly  oj  the  State  of  Georgia  do 
enact,  That  from  and  after  the  passage  of  this  Act,  the  first  clause  ^"t^oVsJe. 
of  the  two  thousand  four  foundred  and  eightieth  (2-4S0)  section  of2*80  «f  code.' 
the  revised  Code  of  Georgia  be  amended,  by  inserting  the  words 
"real  estate  and"  between  the  words  "the"  and  "personal,"  there- 
by making  said  clause  re,ad,  "all  the  real  estate  and  personal  prop- 
erty."* 

Sec.  II.  Repeals  conflicting  laws. 

Approved  Dec.  12,  1SG3. 

"The  first  clanse  of  section  amended,  re  paired  Administrators  to  make  an  inventory  and  ap- 
praisement Of  personal  property  otily.  This  Act  adds  the  real  estate  of  deceased,  putting 
real  and  personal  on  same  footing. 

(Xo.  40.) 

An,  Act,  to  repeal  that  portion  of  the  two  thousand  two  hundred  and  eighty 

sevejifh  section  of  the  Codt  of  <  horgia,  as  prohibits  the  creation  of  trusts 
for  malt  persons  of  sane  mind. 

19.  Section  I.   The  General  Assembly  of  Georgia  do  enact,  That 
from  and   after  the  passage    of  this  Act,   that  portion  of  the  two  m^r  code 
thousand  two   hundred    and  eighty-seventh  (2287)  section  of  the're^of" 
Code    of  Georgia,  as  prohibits  the  creation  of   trusts,  express  or ^"'o»r°Lf,al8 
implied,  in  any    property,  for   any  male  person  of  sane  mind,  be)'an,miBd- 
and  the  same  is  hereby  repealed. 

Sec.  II.     Repeals  conflicting  laws. 

Assented  to  Dec.  It,  LSG 


48 


PUBLIC  LAWS— Judiciaky. 


Change*   in   the   Code  of   Georgia. 


Preamble. 


(No.  47.) 

An  Act  to  repeal  paragraph  1658,  of  part   second,  title  second,   chapter 
Jirst,  article  fust,  section  first  of  the   revised  Code  of  Georgia,  and  to 
legalize  marriages  in  violation  of  the  same. 

Whereas,  by  the  above  cited  paragraph  of  the  revised  Code  of 
Georgia,  all  marriages,  not  solemnized  in  conformity  with  the  other 
provisions  of  said  Code,  are  declared  to  be  invalid  ;  and  whereas 
said  innovation  upon  the  law,  as  it  stood  before  the  adoption  of 
said  revised  Code,  will  have  the  effect  of  giving  lise  to  perplexing 
questions  of  legitimacy  of  children,  and  rights  of  property;  and  to 
domestic  unhappiness.  Therefore. 

20.  Section  I.  The  General  Assembly  of  the  State  of  Georgia  do 
io"a£P<?ode  enact.  That  from  and  "after  ths  passage  of  this  Act,  paragraph  165S 
repealed.      ^  second,  title  second,  chapter  first,  article  first,  section  first 

of  the  revised  Code  of  Georgia  be  repealed. 

21.  Sec.  II.  And  be  it  further  enacted,  That  all  marriages  here- 
ri^rfotwi' tofore  solemnized,  not  in  conformity  with  the  provisions  of  said 
vBiEj*''  before  recited  paragraph,  shall  be  valid.     Provided,  nothing  in  the 

Act  shall  excuse  any  Ordinary,  Judge,  Justice  or  Minister  of  this 
Gospel,  for  any  non  performance  of  duty  as  required  in  said 
paragraph  1G5S,  of  said  part,  title,  chapter  and  section  of  said 
Code.  * 

Sec.  III.     Repeals  conflicting  laws. 

Assedted  to  Dec.  14,  1S63. 

"Paragraph  1658  of  Code,  hereby  repealed,  provides  for  obtaining  licence,  and  publication 
of  the  banns  of  marriegeiu  a  neighboring  church,  in  the  presence  ofthe  congregation,  for  at 
least  three  Sabbath  days  prior  toils  solemnization.  The  repeal  of  this  section  of  the  Code 
does  not  disperse  with  license,  as  would  seem  by  the  repeal  of  the  whole  section,  as  other  sec- 
tions previdefor  license,  audit  was  manifestly'designed  to  repeal  only  the  part  referring  to 
publication  o;  bauns. 

•       ■  (No.  48.) 

An  Act  to  repeal  the  third  and  twelfth  sections  ofthe  Code  of  Georgia, 
relative  to  the  construction  of  statutes. 

22.  Section  I.   The  General   Assembly  of  the  State  of  Gear  gin   do 
se*°of2CQdec««rt,  That  from  and  after  the  passage  of  this  Act,  the  third  and 
rep«*u,d.      twe]fth  sections  of  the  Code  of  Georgia  be,  and  the  same  are  here- 
by repealed.* 

Sec.  II.  Repeals  conflicting  laws. 

Assented  io  Dec.  14,  1S63, 

'The  third  section  ofthe  Code,  repealed  by  the  foregoing  Act,  provided  that  all  Acts  passed 
by  the  General  Assembly,  unless  otherwise  decalred  in  such  Acts,  should  take  effect  from  the 
firstdayof  July  next  succeeding  their  passage-  ,  - 

The  twelfth  section,  also  hereby  repealed,  provided  that  the  repeal  of  a  repealing  Act  shall 
not  be  construed  to  revive  the  former  Act, unless  such  appears  to  have  been  manifestly  y  the 
intention  of  the  General  Assembly. 


PUBLIC  LAWS— Judiciaky.  49 

Changes  in  th»  Code  of  Georgia^ 

(No.  49.) 

* 

An  An,  to  repeal  so  much  ofthe2509ch,  -2-310///,  2512th  and  Z6l8th 
sections  of  the  Code  ofijeorgia,  as  requires  three  months'  notice  to  be 
given  in  a  public  Gazette  qj  an  amplication  for  titles  upon  bonds  of  de- 
ceased persons,  and  to  provide  for  the  trial  of  suck  cases,  when  objec- 
tions arc  filed,  and  to  -provide  for  the  payment  of  costs  in  such  cases. 

23.  Section  I.   The  General  Assembly  of  Georgia  do  evict,  That 
from  and  after  the  passage  of  this  Act,  so  much  ol  the  2509,  2510,nohw  :ag»- 
251.2,  ami  3618,  sections  of  the   Code  of  Georgia,  as    requires  no-^^H* 
tice  to   I).'   given  to    all 'persons  by  publication  id  a 

Gazette,  of  application  ior  an  order  requiring  titles  to  be  made 
by  the  legal  i  of    a  de<  f3er.son,  be,  and   the 

same  is  hereby  repealed. 

■2\.  Sec.  II.  Be  fifteen,  days' notice  in  Kina  of  notice 

writing  to  tlic   Administrator  or  Executor,  and  heirs  at  law  of  the1"" 
deceased,  if  tp.be   found     in   this  Statejand    if  non-residents,  by 
publication  in  one  of  the  G-azi  thisState  for  30  days,  shall 

be  deemed  sufficient  notice  to  authorize  the  granting  of  an  order 
for  the  execution  of  titles,  when  no  objection  is  filed  by  the  legal 
representative  of  said  estate,or  heii  at  law. 

25.  Sec.  III.  Be  it  furtl  ed,  That    when    objections    inCavo»t,  uow 
writing  are  filed*  in  the  office  of  said  Ordinary,    it  shall  be  the  da- . e 

ty  of  the  Ordinary  to  hear  evidence,  as  to  the  fact,  whether  the 
condition  of  said  bond    In  complied' with   by  the  payment 

of  the  purchase  money   or  nbt,  and    to  grant    an  order   requiring 
said  titles  to  be  made  or   not,  as  he  may  think  the  principles  of 
justice  may  require*;  and  either    party  being    dissatisfied  with  the^ppprPa^rt 
decision, -may  appeal  to  the  Superior  Court  upon  the  same    terms  8Wl'd- 
as  appeals  are  grantad  in  oilier  cases. 

26.  Sec.  IV.  Be  it  further  enacted,  That  whenever  the  party 
making  said  bond  shall  have  died  before  The  time  at  which  said 
titles  .were  to  be-made,  and    before  the  purchase  money    became 

due,  the  cost,  of  sii  I  p  ig  shall  be  paid    by  the  representa-£3/.hoir 

five  of  said  estate ;  bul  ifthe  time  for  making  said  titles    and  the 
payment  of  said  money  elape  before  the  death  of  the  obligor,  r 
the  costs  shall  be  paid  by  the  app 

noN  V.  Repeals  conflicting  laws. 

rented  to  Dec  I  '..  L863. 

(No.  50.) 

An   Act  ^>  amend  the  seven  hundred  and  eighty-si 
of  Georgia  relative  to.  taxing  Defaulters. 

27.  Section  I.  The  General  Assembly  of 'this  State  do  enact,  That 
the  seven  hundred  and  eighty-sixth  (786)  section  of  the  Code  of 
Georgia,  be  so  amended  as   to  provide,  That  if  any  person   shall 

4 


50  PUBLIC   LAWS— Jumciart. 

Changes  in  the  Code  of'Georgia. 

t«  defa*  fail  to  make  a  return  of  taxable  property,  in  whole  or  in  part,  un- 
bledfirlt  der  the  tax  acts  in  force  in  this  State,  such  person  so  in  default, 
af7ee?dshall  he  double  taxed  for  the  first  years  default,  for  the  second 
**•  years  default  four  fold,  and  increasing  in  the  same  ratio  each  year, 

until  a  return  is  made,  f  • 

Sec.  II.- Repeals  conflicting  laws. 

Assented  to  Dec.  7th.  1863. 

The  Section  amended  provided  only  double  taxation  on  Receivers'  assessment. 

(No.  51.) 

An  Act  to  repeal  the  six  hundred  and  thirty  third   section  of  the    Code  of 
Georgia,  relative  tproad  commissioners. 

28.  .Section  I.   The  General  Assembly  of  the  State  of  Georgia  do  en- 
HS, act,  That  the  six   hundred   and    thirty-third  (G33)   section,  of  the 

•       Code  of  Georgia  be,  and  the  same. is  heieby  repealed,  any  law,  cus- 
tom or  usage  to  the  contrary  notwithstanding.* 
Assented  to  Nov.  28,  1863. 

The  section  repealed,  exempted  Road  Commissioners  while  in  office  from  all  Jury,  patrol. 
militia  and  other  road  duty,  and  tor  two  years  afterward.*,  it  they  had  served  faithfully. 

(No.  52.) 

An  Act  to    amend  the   1630th  section   of  (he  revised   Code  of  Georgia, 
and  for  other  purposes, 

29.  Section  I.  The  General  Assembly  of  the  State  of  Georgia  do 
cSe  amend- enact,  T hat that  portion  of  the  second  paragraph  which  follows 
OTrementPo""the  word  "location"  shall  be  stricken  out,  aud  the  remainder  of 
m^Ictu"-  said  paragraph  shall  be  as  follows  :  The  Clerk  of  said  Court  shall 
^corpora-  ^Qce  ijef01.e  tne  judge  of  the  Superior  Court  ot  the  county, 'at  the 

next  term    after  the  expiration    of  said    advertisement,  a   copy  of 
rroceedingo.  ga^  declaration,  and  affidavit,  and  certificate  of  publication  ;  and  if 
the  Court  be  satisfied  that  the  application  is  legitimately  witjiin  the 
purview  and  intention  of  this  Code,  it  shall  pass  an  order  declaring 
the. said  application  granted,  and  a  certified  copy  of  said  declaration, 
affidavit,  certificate   of -publication  and  order,  shall  beheld  and  re- 
ceived as  evidence  of  the  charter  of  said  corporation  in.  any  Court 
in  this  State. 
a«  to  casc«        30.  Sec.  II.  Be  it  further  effected,  That   in  any    cases  in    which 
peadiog.      parties  have  made  efforts  to  obtain  a  charter  under  said  section  of 
the  Code,  that  they  be  allowed  to  have  such    declaration,  affidavit 
and  certificate  filed,  and  such  order  taken  at  the  next  term    of  the 
Superior  Court  of  their  respective  counties,  succeeding    the   pas- 
sage of  this  Act. 

31,  Sec.  YHSBe  it  further  enacted,  That  this  Act  shall  go  into  op- 
eration from  the  day  of  its  passage.  '    . 
Sec.  IV.  Repeals  conflicting  laws. 

Assented  to  Dec.  5,  18G3. 


PUBLIC  LAWS— Militia-. 


Act  Reorganizing  the  Militia  of  Georgia. 


TITLE  XII. 


51 


MILITIA. 


Sec.  1.  Each  Senatorial  District,  a  Militarj 
District  Aid  de-Camp  fur  each.  En 
r.ollmeul  of  residents.  Who  !UbIe,and 
how  conducted 

'■    '2.     Assistants  may  1 mployexl.    Theii 

compena  ition  and  liability. 

"  3.  How  many  lists  made  out,  and  where 
filed.  Aids  to  rgconrrmend  consolida- 
tion or  division  of  Militia  I  'istiicis 

"    4.     Governoj:  to  arrange  Companies  into 
regiments  or  battalions,  of  two 
Proviso. 

"  5.  Organisation  of  regiments,  battalions 
and  companies. 

Governor  to  order  elections,  and  issue 
commissions.  Failure  to  elect  provi- 
de  I  for.  State  Guard  may  vote  where 
stationed. 

Officers  holding  commissions  nndei 
present  law,  suspen  led,  when  now  of- 
ficers commissioned. 

"  8.  Duties  of  Aid-de-Camp.  Compensa- 
tion.   How  removable. 

"  9.  Aids  to  make  quarterly  reports  to  Adj'l 
Gen'l. 

'•  10.  Militia  proper.  Militia  reserve.  Or- 
der <'f  Rervice. 

"  11.  Governor  may  call  out  Militia  in  cer- 
tain events.    Compensation  for  active 


12. 

I.;. 


ii. 
15. 
10. 

17. 

L9. 

•20. 

21. 
22. 

23. 

24. 


Brigades  and  Divisions,  how  organised. 
On  requisition  by  President,  Gov.  may 
pportionment.  Draft,  how  con- 
ducted, and  order  of  liability.  Local 
Bervice, 

Penalty  for   disobeying    summons   to 
service. 

Surgeon  for  each  District.    Duties  and 
compensation.    How  removable. 
Exemptions  and  discharges,how  grant- 
ed. 

Volunteering  in  Confed.  service  allow- 
ed. 

Details,  how  granted. 
Guns,  herses,  bridles  and  saddles,  to 
be  reported.    Arms  furnished  to  be  re- 
turned. 

Staff-Officers.    Governor  may  appoint 
additional  Aids. 
Exempts  from  enrollment. 
Governor  to  prescribe  drills,  &c.  Pro- 
ceedings  against  delinquents. 
Code  where  repugnant  suspended  for 
the  war. 

Liability  of  Conscripts. 
Of  force  immediately. 
Rank  of  A«j't  (ie,n'l  changed  to  Major 
General. 


(Xo.  5-1) 

Jin  Act  to  re-organize  the  Militia  of  the  State  of  Georgia,  and  for  other 

pi'i'r 

{.  SECTION  I.  Be  if  enacted,  Sfc.,  Th%t  each  Senatorial  District  in 
this  State  shall  constitute  a  separate  Military  District,  and  it  shall riaiBwt**. 
be  the  dutyol  the  Goyernor,  as  'soon  as  practicable  after  the  pas-tri'ctLdaa 

p-poihl  an  Aid-de-Camp  with  the  rank  of  Colo-      P 
nel,  in  each  district,  who  shall  be  charged  with  the  duties  herein- 
after set  forth. 

Sec.   II..'  \itliin  four  days  after  liciiiirl'"r?1,n,w,ur' 

drat*. 

not  i  itment,  it  shall  be  the  duty  i  . i : n  i>  ""'■-;  l"ib'e. 

i    i  «  .    .     •  .  1      "  •  1k>w  •oa- 

tO  co  •  enrollment  of  all  free  white  males  resident  in  hisdl 

District,  wh  shall  be  of  the  steen  years,  and  not 

over  Bixty  years,  and  also,  those  who  shall  from  time  to  time  arrive 

at  t  Who  may  come  to  reside  within  the 

District ,  except  those  who  shall  actually   be  in  the  Army  or   Navy* 

of  the  Confederate  States,  or  it  the  State  service.     The  enrollment 

shall  be  by  Company  Districts,  and  shall  show  the-age,  occupation 

and  nativity  of  each  person  enroll*  number  of  .the  Company 

District  in  which  he  may  reside, and  if  any   exemption  is  claim-'d, 

the  ground  of  it. 


PUBLIC  LAWS— Militia. 

Act  Reorganizing  the  Militia  of  G< 


ma'tr.-m-       -F°r  the  purpose  of  facilitating  the  enrollment, the  Aids-de-Camp 

ployed.        s^a]j  y)e  authorized  to  erflploy  with  ilie  approval  of  the  Governor, 

three  or  more  assistants   for  each    county,  who  shall  receive  fer 

™£ftS>d their  services,  compensation,  at  the  rate  at  fifty  cents  for  each  per- 

Labiiity.       son  exirollecl  by  them  ;  but  they  shall  not  be  exempt  from  service 

under-this  act.  in  consequence  of  their  being  such  assistants.     For 

a  failure  faithfully  to  discharge  then-  duty,  the  Assistant  Enrolling 

officers  shall  be  liable  to  removal    by  the  Governor,  and  if  without, 

sufficient  excuse  to  be  judged  of  by  the  Governor,  shall  be  liable 

further  to  forfeiture  of  all  compensation. 

3.  Sec.  III.  And  be   it  further  enacted,  That  it  shall  be  the  duty 
liZuSout 0f  the  Aid-de-Camp,  within  ten  days  after  the  enrollment hasbeen 
fiiei*  '      completed  in  his  district,  to  forward  complete  lists,  in  duplicate, 
of  the  enrollment    in   each  county  of  his  district,  to. the  Adjutant 
and  Inspector  General,  and  to  file  with  the  Clerk  of  the  Superior 
Court,  in  each  county,  a  copy  of  the  enrollment  in  his  county  ;  and 
^on.sm^r   the  Aid  shall  be  empowered  and  required,  when  there  are  but  few 
tiffin™  persons  enrolled  in* a  particular  company  district,  to  incorporate 
jniutu  dists  anfi  consolidate,  subject  to  the   approval-  of  the  Governor.-  two  or 
more  adjoining  company  districts  into  one,   reporting  the  consoli- 
dation made,  and  the  numbers  of  the  company  districts  so  combin- 
Governor  to  e(]?  aiJC]  {n  cities  to  divide  cl  1  s t lie t s . • 

intolegi-  °'       4.  Sec,  IV.  Be  it  further  enacted,  That  the.  Govern  or  *be  an  thori- 
S.tteu'oiw  ofzecj   on  receiving  the  reports  of  the  new  company  districts  provided 

two  classes.      „  .  ,  '•  -  i      .  •  i  •  •  n \        '  •  ± 

for  m  section* third,  to  arrange  said  companies  into  Regiments  or 
Battalions,  defining  their  limits  without  regard  to  county  tines,  and 
if  need  be,  for  the  purpose  of  effective  organization,  withouUregard 

iroTiw.-  to  senatorial  Districts,  Provided,  that  no  Regimental  district  shall 
contain  more  than  one  thousand,  or  less  than  five  hundred  men,  ar- 
ranged in  ten  companies;  that  no  Battalion  district  of  the  first 
class  shall  contain  more  than  six  hundred,  or  less  than  four  hun- 
dred men,  arranged  in  not;  more  than'nine,  nor  less  than  six  com- 
panies; that  no  Battalion  district  of  the  second  class  shall  contain 
more  than  four  hundred,  nor  less  than  two  hundred  men,  arranged 
in  not  more  than  five,  nor  less  1  ban  two  companies; and  that  no  com- 
"  pany  district  shall  contain  more  than  one  hundred,  nor  less  than 
sixty-four  men. 

Srre^bS-     ;5-  Sec.  V.  Be  it  furthrr  enacted,  That  to  each   Regiment  there 

SJ"aid  shall  be  allowed  one  Colonel,  one  Lieut.  Colonel,  and  one  Major; 
to  each  Battalion  of  the  first  class  one  Lieutenant  Colonel  and  one 
Major  ;  to  each  Battalion  of  the  sec  s  one  Major  ;  and  to 

each  Company  one  Captain,  four  Lieut's,  five  Sergeants,  and  four 
Corporals  ;  and  that  each  Company  shall  be  divided  into  two  pla- 
■  •  toons,  each  pl.Ttoon  into  two  squads,  and  that  there  shall  be,  for 
the  purpose  of  drill  and  discipline,  one  Lieutenant,  one  Sergeant 
and  one  Corporal  to  each  squad.  ;.,${$ 

oov.^toorder     g#  gEC.  VI.  Be  it  further exacted,  That  so  soon  as  the    arrange- 
"wwBh*  merit  of  Regiments  and  Battalions  and  Companies  shall  be  comple- 
ted in  each  or  any  of  the  Senatorial  Districts,  the  Governor  shall 
be  required  within  ten  days  thereafter,  to-order  elections  for  officers 


election)  and 

issue 

«ions 


PUBLIC  LAWS-4Militia.  53 


Act  lieorgiinjzing  the4tWitia  of  Georgia. 


to  command  'feaid  Ltegiments,  Battalions  a*nd  Companies  iu  the  same 
manner  now  prescribed  in  the  Military  Code  of  Georgia,  and  shall 
issue  commissions  on  the  election  returns  as  therein  also  directed, 
under  the  Seal  of  the  Exec'e  Department;  and  that  in  the  event  of  a 
rail u re  or  neglect  on  the*  part  of  the  people  to  elect,  the  Governor  Failuret<, 
shall  commission  to  the  vacancy,  a  fit  and  proper  person, on  the  rec-;:l11'I"'tprovid'<* 
Ommendation    of  a'  majority   of  the  Company  officers  concerned. 
The  officers  thus  elected,  or  appointed  and  commissioned,  to  be 
vested  with  all  the  authority  usually  appertaining  to  such  grades. 
And  ail  members  of  the  State  Guardj  who  are:  absent  in  the  service 
of  this  State  or  the  Confederate  States,  shall  be  permitted  to  vote  may0™""* 
at  said  election  for  officers  at  the  places  where  they  are  stationed,  tLSa.  8ta* 
and  two  commissioned  officers  shall  preside  at  said  elections,  and 
transmit  returns  thereof,  within  fifteen  days  after  said   election,  to 
the  Governor  oft  his  State,  whose  duty  it  shall  be  to  consolidate  said 
votes  as  in  other  cases. 

7.  Sec.  V.1I.   Be  it  fttrthtr  enacted,  That  whenever  the  Governor om(,or8boM_ 
shall  have  been  advised  by  the  Aid-de-Camp  in  any  Senatorial  Dis-JKESiT 
trict,  that  the  organizations  hereinbefore  provided  fo»,  have    beenS^JSateT 
completed  in  the  District,  and  the   officers    therein  elected,  or  ap-X"Wnecom- 
pointed  and    commissioned,  it  shall  be  his  duty,  witliin'ten  dnysmi88ioued-  . 
thereafter,  to  declare  the  militia  organization  theretofore  existing  in 
said  Di.-tiiet.  uftder  the  Military  Code  of  Georgia,  suspended,  and 
the  officers  under  said  previous  organization,  relieved   from    their   • 
command,  and  said  officers  shall  be  subject  to  all  the  Military  du- 
ties imposed  by  this  Act,  upon  persons  of  the  same  age  with  them-  - 
selves. 

8/ Sec.  YIII.  Be  it  furtltci' enacted,  That  it  shall  be   the  duty  ofD?ti««of 
the  Aid-de-Camp  in  each  Senatorial  District,  to  supervise  and  di-  Alri,i,'CamP- 
rect,  under  the  orders  of  the  Governo?',  all  military,  matters  within 
his  District,     lie  shall  be  tiie  channel  of  communication  betwe<  a 
the  Adjutant  and  Inspector  General  and  the  troops  in  his  District, 
lor  the  transmission  of  all  orders,  instructions,  reports  and  milita- 
ry communications  generally;  and  he  shall  he  entitled  to  eo!iipen-<>»pe»sa- 
sation  at  the  rate  of  seven  dollars  per  day,  for  the  time  lie  may  be  ,  ' 
employed  in  perfecting  the  organization  herein  provided    for,  and 
for  such  time  in  each  quarter,  not  to  exceed  ten  days,  as  he  maybe 
required  to  devote  to  military  matters  in  his  District,     lie  shall  be  {j"*  rcn,0T"~ 
removable  at  the  pleasure  ot  the  Governor. 

it.  Sec.  TK,.Bcitfur:her  enacted,  That  it  shall  be  the 'duty  of 
each  Lieutenant  of  a  squad  to  keep  a  li^-t  of  all  persons  enrolled ^StaSy^ 
within  the  limits  of  his  squad  heal ,  and  shall  notify  the  Aid-de-'*,^, Adj-t 
Camp  of  his  District,  through  his  Captain,  quarterly,  of  all  persona 
arriving  at  the  age  of  sixteen,  or  who  shall  move  into  or  out  of  his 
beat;  which  notification  shall  be  consolidated  by  the  Aid-de-Camp, 
and  forwarded  within  ten  days  after  the  end  of  each  quarter  of  the 
year,  to  the  Adjutant  and  inspector  General,  noting  also  such  oth- 
er chauges  in  rank,  command,  «v.c  that  may  have  occurred  during 


54  PUBLIC   LAWS— Militia. 


Act  Reorganizing  the  Militia  of  Georgia. 


the  quarter.     The  object  being  to  continue  a  complete  enrollment 
of  the  District,  and  to  preserve  its  military  organization. 

10.  Sec.  X.  And  be  it  farther  enacted,  That  the  persons  enrol- 
led under-the  second  section  of  this  Act,  shall  be  divided  into  two 
classes.     The  fust  shall   be  composed  of  those  between  seventeen 


Militia  pro- 
per. 


Order  of  aer- 


and  fifty  years  of  age,  to  be  styled  the  Militia  Proper,  who  shall  be 
first  liable  and  subject  to  perform  all  the  military  duties  contem- 
plated by  this  Act.  The  second  class  shall  be  composed  of  those 
between  sixteen  and  seventeen  years  of  age,  and  between  fifty  and 
sixty  years  of  age,  and  be  styled  the  Militia  Reserve  ;  who  shall  or- 
ganize with  the  Militia  proper,  butjshall  not  be  required  to  drill  or 
perform  any  of  the  military  duties  contemplated  by  this  Act,  until 
the  Militia  proper  shall  have  been  called  into  active  service,  nor  be 
subject  or  liable  to  any  draft  or  other  compulsory  process  to  fill 
any  requisition  for  troops,  upon  the  Governor  of  this  State,  by  the 
President  of  the  Confederate  States.  When  the  Militia  proper  shall 
be  called  into  active  service,  the  Lieutenant  of  each  Company  most 
advanced  in  age,  shall  be  left  with,  and  in  command  of  the  Militia 
Reserve  of  their  respective  Companies.  Any  if  any  person  belong- 
ing to  the  Militia  Reserve,  shall  at  an}r  time  be  elected  to,  and 
shall  accept  any  office  under  this  Act,  he  shall  be  required  to  per- 
form all  thq  duties  of  the  office  without  reference  to  the  class  to 
which  he  may  have  belonged. 

11.  Sec.  XI.  And  be  it  further  enacted,  That   whenever  in    the 
got.  mar  opinion  of  the  Governor,  it  shall  be  necessary  cither  to  repel  inva- 

veU  out  mill-     f      *       ,  .  .  *  ,  '  _, 

tiain certain  sion,  suppress  liisu iTection,  or  to  execute  the  laws,  to  call  the  State 

••Tents.  a  .  •  l  •    •  j  i  /•     •  •  •  i  •  •  ,        •      i 

•  Militia,  or  any  part  thereof,  into  active  military  service,  he  is  here- 
by authorized  and  empowered  to  do  so;  but  the  Militia  Reserve 
created  by  this  Act,  shall  be  called  into  active  military  service  only 
after  the  Militia  proper  has  been  called  out,  in  great  emergencies, 
to  meet  which  the  Militia  proper  are  deemed  insufficient,  and  shall 
be  discharged  from  such  active  service  as  soon  as  the  emergency  to 
meet  which  they  are  called  out.  shall  have. passed  ;  and  whenever 
compenaa-'  the  Militia  or  any  part  thereof,  shall  be  called  into  active  military- 
wrk"otivCserv'ce)  they  shall  receive  the  same  pay  and  allowances  as  if  they 
were  in  the  service  of  the  Confederate  States,  and  shall  be  subject 
to  the  rules  and  articles  of  war,  and  the  regulations  tor  the  govern- 
inent  of  the  armies  of  the  Confederate  States. 

12.  Sec.  *XI1.  Be  it  further   enacted,  That  whenever  the  militia 
shall  be  called  into  active  service  by  the  Governor,  Brigades    and 

diri",!onl,w  Divisions  may  be  organized  for  the  period  of  active  service,  in  such 
manner  as  the  Governor  may  direct ;  the  officers  and  men  compo- 
sing the  Brigades  and  Divisions  in  all  cases  electing  their  Brigade 
and  Division  commanders  ;  provided  that  the  offices  of  Brigadier 
and  Division  General  shall  expire  when  disbanded,  and  the  individ- 
uals holding  them  shall  return  to  service  according  to  their  ages,as 
provided  for  in  this  act. 

1.3.  Sec.  XIII.  And  be  it  further  enacted,  That  whenever  a  requi- 
sition for  trbops  for  local  defence  in   this  State   shall  be  made  by 


PUBLIC  LAWS— Militia.        *  55 

•Act  Reorganizing  the  Militia  <>f  G-eorjjia. 

the  President  of  the  Confederate  States  upon  the  Governor  of  this  ^Vb'j^ri- 
State,  tlie  Governor  shall  be  empowered  and  authorized  to  fill  the*5*j,j2K 
requisition  by  apportioning  the  number  required  among  the  differ- SJ^tT* 
ent  regiments,  battallions  or  companies  of  the  militia  proper,  provi- 
ded for  by  this  act ;  and  when  the  apportionment  is  made,  the  Gov- 
ernor may  order  the  number  apportioned,  detached,  drafted  or  se- 
lected in  such  other  manner  as  he   may  deem  advisable,  and  may 
require  the  Aids  de  Camp  for  the  Senatorial  Districts  to  superin- 
tend the  draft,  or  to  execute  such  orders  as  maybe  necessary  to  ac-     * 
complish  the  object;  Provided,  that  unmarried  men,  bachelors,  ov>^^*. 
widowers  without  children,  shall  besubject  to  draft  before  married SaMUty.  "* 
men  or  widowers  who  have  children  ;  and  provided  further,  that  the 
men  drafted  or  selected  shall  be  formed  into  companies,  battalions 
or  regiments,  as  the  Governor  may   direct,  and  shall  be  permitted 
to  elect  the  officers  to  command  them  while  in  service  ;  and  in  case 
of  neglect  or  refusal  to  elect  when  ordered,  that  the  Governor  may 
appoint  the  officers  and  compel  them  to   organize,  or  he    may  ap- 
point officers  to  fill  vacancies,  if  the  men  to  be  commanded  fail  or 
refuse  to  elect ;  and  provided  further,  that  in  ease  of  requisition  for 
.troops  for  local  service  in  a  particular  part  of  the  State,  the  Gov-LoMl,erTicr- 
ernor  may  fill'it  by  ordering  the  number  of  troops  called  for  to  be 
made  up  from  such  regiments,  battalions  or  companies  as  he  may 
select,  in  the  section  of  the  State,  where  the  service  is  required.    <\ 

\\.  Sec,  XIV.  And  he   it  further  enacted,  That  any    militiaman 
ordered  Into  active  service,  whether  by  order  of  the  Governor,  orS^  £*' 
on  a  requisition  from  the  President  of  the  Confederate  States,  who™  %,"£!** 
shall  fail  or  refuse   after  due  notice  to  enter  said   service,  or  being11'*- 
therein,  shall  leave  the  service  without  permission,   shall  be  liable 
to  be  tried  and  punished  as  a  deserter,  and  subject  to  all  the  pains 
and  penalties  imposed  upon  dei  in  the  Rules  and  Articles  of 

War  for  the  government  of  the  army  of  the  Confederate  States. 

]-r>.  Sec.  XV.  Be  it,  further  enacted,  That  there  shall  be  appointed  sarrwmi  f»r 
by  the  Governor  one  Surgeon  for  each  Senatorial   District,  whose6"0 
duty  it  shr.il  be  to  examine  ail  persons  who  claim    to  be  unable  to 
bear  arms,  ;iiid  shall  give'ecrtificatea  i<^  such   as,   in  his  judgment, 
are  unable  to  bear  arms,  clearly  stating  therein  the  causes  of  such 
disability.     Said  Surgeons  shall  be  sworn    to  discharge  his  duties 

c    •  i    *  i    •  -11  i         ill  Putio«  and 

faithfully  and  impartially,    and    shall  receive  compensation  ;it  thecon'P«M*i  1 
'if  6vedollars*per  day  for  every  day  he  shall  bo  emploved  un- 

v.  j  .  *  i         «  ] ii>w  rcnioTft* 

der  the  orders  of  the  <  tovernor,  and  who  shall  be  removable  by  t  hi 
Governor  for  neglect  or  failure  in  the  discharge  of  his  duties. 

L8.  Sec*  XVL  Andbt  r  enacted,  That  exemptions  from, 

and  discharges  after  enrollment,  In  lure  organization  under  this  Act,  fuT'd,pJd°"t. 
may  be  granted  by  the  Aids-de-Camp  of  the   Senatorial   Disiricts,^,.lloW8r*Bt* 
on  the  certificate  of  the  1  >isi  rid  Surgeon? j  and  discharges  (mm  ser- 
vice afjter  organization  under  this  Act,  may  be* granted  by  said  Aids- 
de-Camp  on  the  certificate  of  the  battalion  or  regimental  surgeons,  • 
approved  by  the  company,  and  battalion,  or  regimental   comman- 
ders. 


56  PUBLIC  LAWS— Militia. 

Act  Reorganizing  flu-  Militia  of  Georgia. 

17.  Sec.  XVII.  And' be  il  further  enabled,  Thar  any  person  made 
yoinntoerins-SUDJ0C;  to  service  under  i.his  Act,  may  volunteer  in  "the  military  or 
«k*  aDtwed. naval  service  ot.  the  Confederate  States,  or  in  any  pompany  au- 
thorized by  the  acts  of  Congress  of  the  Confederate  .States,  pro- 
viding for  local  defense  and  special  service,  but  shall  again  be  sub- 
ject to  State  service,  when  his  term  of  service  as  a  volunteer  shall 
have,  expired. 

IS.  Sec.  XVIII.  And  be  it  farther  enacted.,  That  any  person  sub- 
fniTtca.  Wvrject  to  service  under  this  act,  who  is  in  the  employ  of  the  govern- 
ment of  the  Confederate  States,  or  lias  a  contract  with  said  gov- 
ernment, or  is  employed  on  any  railroad,  may  be  detailed  for  spe- 
cial duty,  upon  the  request  of  the  Secretary  of  War,  addressed  to 
the  Governor,  naming  the  employee  or  contractor,  and  the  length 
of  time  for  which  such  detail  is. requested  ;  provided,  that  nothing 
herein  contained  shall  be  so  construed  as  authorizing  the  detail  for 
special  duty  of  any  common  laborer  or  other  persons  in  the  em- 
ployment of.  railroads,  manufactories,  etc.,  unless  the  President  or 
Superintendent  of  the  road,  manufactory;  or  other  labor,  shall  make 
application  to  the  Governor,  through  the  Aid-de-Camp  of  his  Sen- 
atorial District,  on  affidavit,  that  such  persons  are  .indispensable" 
to  said  road  or  work,*  and  their  places  cannot  be  filled  by  other 
persons  not  liable  to  military  duty. 

19.  Sec.  XIX.  Be  it  further  enacted,  That   in  , making    the  en- . 
bridie^anT' "oil merit  provided  for  by  this  act,  the  enrolling  officers  shall  report 
Salted.0  beby  name-,  all   persons   having   efficient  guns,    describing  the  gun, 

.  whether  rifle,  musket,  or  shot-gun,  and  those  who  have  not ;  also 
such  persons  who  can  furnish  their  own  horses,  saddles  and  bridles, 
and  .serve  as  mounted  men;  and  that  the  Governor  be  authorized, 
whenever  in  his  power  to  dos"o,  to  furnish  arms  and  ammunition  to 
the  force  herein  created,  as  in  his  judgment  he  may  deem  advisa- 
ble, upon  the  requisition  and  receipt,  in  duplicate,  of  the  comman- 
ders of.  regiments,  battalions  or  companies,  who  shall  be  held  ac- 
countable for  the  same,  and  who  shall  make  returns  of  the  same 
quarterly  to  the  Adjutant  and  Inspector  General,  through  the  Aid- 
de-Camp  of  their  Senatorial  district,  and  who  shall,  tor  his  own 
security,  he  entitled  to  make'demand  for  any  gun  furnished  by  him 
to  any  person  ;  and 'any  person  failing   to  return  said   nun   to  the 

Arms  furnish"  •/     1  7  */     i  o 

ed,tober».  officer  accountable  for  it,  on  his  demand,  or  who  shall  injure  or 
damage  any  gun  or  ammunition  entrusted  to  his  care,  shall  be  guil- 
ty of  a  misdemeanor,  and  on  conviction  thereof  in  any  county  in 
this  State,  shall  be  fined  or  imprisoned,  at  the  discretion  of  the 
Court  trying  the  case. 

20.  Sec.  XX.  Be   it  further   enacted,  That   the    commanders  of 
staff  offi«c»- regiments,  battalions,  brigades  and  divisions  Shall  be  entitled  to  ap- 
point such  staff  officers  as  are  allowed  to  similar  grades  in  the  Con- 

oovemo      federate  service;  and, to  secure    the   efficient  operation  of  this  Act, 
^.appoint that  the. Governor  be  entitled  to  appoint  from   time  to  time  such 
«d«-  °n      staff  officers  and  additional  Aids-de-Camp,  as  he  may  think  neces- 
sary. 


PUBLIC  LAWS— Militia.  57 


k.&  &eorg(UH2:11g  tiJt    "M 1 ' :  t '  l  t ; '    (      ;i\,i;i. 


21.  Sec.  XXI.  And  be  it  further  enacted,  That  the  officers  of  the 
Executive  Department,  members  of  the  General  Assembly,  Secret ^jjjggjg* 
tary  of  the  Senate,    and    four    principal     assistants,  Clerk    of  the 
House  of  Representatives  and  six  principal  Clerks,  and  the  Clerk 

of  the  joint  Committee  of  both  houses  on  Finance,  and  the  Clerk 
of  Military  Committee  of  theSenate,  Judges  6f  the  Supreme  and 
Superior  Courts  and  Justices  of  the  [uferior*Courts,  Attorney  and 
Solicitors  General,  Reporter  and  Clerk  of  the  Supreme  Court, 
Clerks  ot  the  Superior  and  [inferior  Courts,  Tax  Collectors,  Sheriffs, 
Ordinaries,  Ministers  of  Religion  in  the  actual  care  and  charge  of 
any  organized  Church  or  Synagogue,  and  such  other  persons  as  the 
Governor  in  his  discretion  may  deem  it  absolutely  necessary  for 
the  public  interest  to  exempt,  shall  be-exempt  from  the  provisions 
of  this  Act.  % 

22.  Sec.  XXTI.  And  be  it  further  exacted,  That  the  "Governor  be  G-v  t#  ^ 
authorized  to  prescribe  the  number,  and  kind  of  drills,  and  military^''  <inl^ 
exercises  to  be  performed  by  the  militia  proper,  created  by  this  Act, 

when  n'ot  actively  engaged  in  the  held,  and  that  for  a  failure  to  at- 
tend as  required  on  the  part  of  either  officers  or  men,  it  shall  be 
the  duty  ot'  the  Aid-de-Camp  of  each  district  to  whom  reports  of 
delinquencies  shall  be  made,  within  three  days  after  any  called 
drill  or  exercise  by  the  senior  officer  or  non-commissioned  officer 
present  at  the  drill  or  exercise,  to  issue  a  writ  of  fieri  facias,  direc- 
ted to  any  Sheriff  or  Constable  within  his  district, .to  collect  out  of 
the  property  of  any  delinquent,  who  shall  not  furnish  a  satisfacto- 
ry excuse,  within  one  week  after' being  reported,  a  sum  not  less 
than  three  dollars,  nor  more  than  fifty  dollars,  at  the  discretion  of^*^  ,lri:"- 
said  Aid-de-Canrp,  which  Bum  shall  be  turned  over  by  said  Aid-de- 
Camp  on  receipt  therefor,  to  the  Justices  of  the  Inferior  Court  of 
the  co*unty  in  which  the  delinquent  may  reside,  to  be  applied 
to  the  benefit  of  soldiers'  I  bin  said  county.      • 

23.  Sec.  XXIII.  't  further  enacted,  That  so  much  of  the  code,  whew 
military  code  o*f  as  is  incon  ..  ith  theC^pSacdftw 
provisions  of  this  Act,  shall- be,  and  the  same  is  hereby  suspended,  ' 

so  long  as  this  Act  shall  be  in  force,  and  this  Act  shall  become  inop- 
erative and  void  upbn  the  between 
the  United  States  and  Confederate  Stfi 

•2L  Sec.  XXIV.  And  be  it  further,  enacted^  Thai  no  person  shall  LiIlUHty  of 
be eflrolled  under  t ins  Acl  who  is  subjeci  to  conscription  under  the,,"'"cli*,u- 

script  Act  or  Acts  of  the  Confederate  Congress;  if  the  State 
Enrolling  officer  has  doubt  whether  any  person  within  his  limit 
subject  to, enrollment  aa  a  conscript,  lie  shall  report  the  fact  to  the 
Confederate  enrolling  officer  of  the  Congressional  district,  and  if 
said  Confederate  officer  does  no!  cause  such  person  to  he  enrolled 
within  twenty  days  alter  such  notice  is  given,  the  State  Enrolling 
officer  shall  enrol  him  under  this  Acjji  or  it  he  is  found  to  be  ex- 
empt after  he  is  enrolled  by  the  Confederate  officer,  he  shall  then 
be  subject  to  enrollment  by  the  State  officer  under  this  Act. 


58 


PlT.LIC  LAWS— Oaths. 


Rank  of  Adjutant  and  Inspector  General— Oat  ha  of  Notaries  I'ublie. 

orr.rre  im-      2-5.  Sec.  XXV.  And  be.  it  further  etui cted,  That  this  Act  shall  take 
mwii«t-iT.     effect  and  be  operative  and  in  force  from  and  immediately  after  its 
ptfesage.  , 

Sec.   XXVI.  Repeals  conflicting  law*. 

Assented  to  Dec.  14,  1SG3. 

(No.  -5  4.) 

An  Act  to  change  the  rank  of  the  Adjutant  and  Inspector  General  of  this 
State,  and  for  other  jn/rjwscs. 

lunkofAdj-t  26.  Section  I.  The  General  Assembly  of  Georgia  do  enact,  That 
uenM8j»"g81  from  and  after  the  passage  of  this  Act,  the  rank  of  the  Adjutant 
and  Inspector  General  of  this  State,  shall  be  that  of  a  Major  Gen- 


eral. 


Sec.  II.  Repeals  conflicting  laws. 
Assented  to  Dec.  14,   TSG'3. 


TITLE  XII!. 


OATHS. 


:.  OatU  of  Notaries  Public. 
••    2.  Authorized  to  administer  oath 

ally.. 
■•    3.  Seal  not  required.  Former  attestations 

without  seal  legalised. 
••     1.  Oath  of  non  resident  tax  payers  amen 
dod.    Oath  of  tax-payers  on  general 
return  amended. 
Sec.  5.  On  refusal  to  take  outh  shall  be  doubli 


taxed. 

6.  Indebtedness  dtie,   to  be   retun  i 

Confederate  valuation: 

7.  Tax  payers  may  amend  returns. 
B.    \  Iditional  oatl  of  tax  payers. 


(No.  55.)  ' 

An  Act  to  define  the  oaths  of  Notaries  rvblic  in  the  State  of  Georgia 
and  for  other  purposes. 

Whereas,  doubts  exist  in  regard  to  the  proper  oaths  to  b«  ad- 
ministered to  Notaries  Public  of  -.this  State ;  for  remedy  whereof ; 
"ei'l'lurf"'  1.  Section  I.  Be  it  enacted,  tip.,  That  from  and  after  the  pas- 
sage of  "this  Act,  the  only  oath  or  affirmation  to  be  administered 
to  Notaries  Public  of  the  State  of  Georgia,  shall  he,  a's  foMows,; 
I  do  solemnly  swear  or  affirm,  that   I  will  well  and 

truly  perform   the  duties    of  a   Notary   Public    for  the  county  of 
to  the  best  of  my  ability,  and  I  further  swear  or  af- 
firm that  I  am  not  the  holder'of  any  public  money,    belonging  to 
the  State,  unaccounted  for,  so  help  me  God. 


PUBLIC  LAWS— Oaths.  59 

Oath  of  Tax-payers. 


2.  Sec.  IL  And  be  it  further  enacted  by  the  authority  aforesaid,  ThatAutWi„,dt0 
Notaries  Public  shall  be  authorized  to  administer  all  oaths,  which'XJ^^^. 
are.not  by  law  required  to  be* administered  by  particular  officers.     ally- 

3.  Sec.  III.  And  Whereas,- doubts   exist,  whether   under  theiealllotn<_ 
Statute,  the  seal  of  a  Notary  Public. is  necessary  to  his  attestation  <»"ir',d- 

to  deeds,    lie  it  therefore  enacted,  That  no  such    seal    shall  be  re-^f^^r 
quired  to  such  attestation,  and  that  all  such  ;ittest;it ions  heretofore^8  withoBt 
made  without  a  seal-,  shall  be  valid  and  binding  in  law. 
Sec.  IV.  Repeals  conflicting  laws. 

Assented  to  Dgc.  1,  1863. 

(No.  56.) 

An  Act  to  a  maul  the  oath  of  Taxpayers  for  (he  year  18G4,  and  Jar  oth- 
er jntrjwses. 

4.  Section  I.    The  General  Assembly   of  the    State  of  Georgia  <fooath#ofnc*- 

J        J  J  O  rcfjdont  tax- 

enact,  That  from  and  after  the  passage  of  this  Act,  the  oath  ot  n on-  pavers  amen- 
resident  Tax  payers,  required  to  be  taken  on  special  return  as  it 
now  stands  in  the  seven  hundred  and  sixty-fourth  (764)  section  of 
the  Code  of  Georgia,  be  so  amended  for  the  year  ]  SG4,  as  to  make 
it  read  ;  "And  that  it  mis  not  worth  on  the  first  of  April  in  this 
year,  more  than  the  valuation  you  have  affixed  to  it,  in  Confeder- 
ate Treasury  notes,  to  the  best  of  your  knowledge  and  belief,"  in- 
stead of  reading,  as  it  now  does,  "and  that  it  is  not  worth  more 
than  the  valuation  you  have  affixed  to  it,  to  the  best  of  your 
knowledge  and  belief  ;  and  that  the  oath  of  Tax  pavers  required 
to  be  taken  on  general  return,  as  is  now  required  in  thesame  sec- n^(!.'r  :;[,'**,. 
tion  of  said  ('ode.  be  changed,  bo  as  .to  make  it  read  ;  "and  the^;'itcndru 
value  yen  have  affixed  is  a  just  and  true  valuation  on  the  first  day 
of  April  of  this  year  in  Confederate  Treasury  notes,"  instead  of 
re.  ding,  "and  .that  the  value  you  haveaffixed  to  it  is  a  just  ana  true 
valuation,"  as  it  now  stands  stated  in  said  Code. 

5.  Sec.  II.  Be  it  furthei    enacted,  That    in    case  any  Tax  payer 

shall  fail  or  refuse  to   make  his    return  in   accordance   with   thisrernwitoItakSr 
amended  path,  he  shall    he  deemed  a  defaulter,    and  his  property! 
shall  be  double-taxed  according  to  the  valuation  prescribed   in  thek€ 
foregoing  section  of  this  Act. 

6.  Sec.  III.  And  be  it  further  enacted,  J  hat  all  persons  bold ing due, u  b*m. 
notes  or  indebtedness  on  any  individual  or  incorporation,  shall  ■_  .valu- 
ta the  Bame,  at  its  value  in  Confederate  Treasury  n 

!•<■.  IV.  And  in  it  furtJur. enacted,  Tbatif  any  of  thetax  pay-m«y"mmSi 
era  ol  this  State,  shall  have  made  a  return  of  their  property  to  the  ' 
Receiver  and  Collector,   previous   to  the    passage  t>f  this  Act,  it 
shall  be  the  duty  of  the  said  Collector  and  Receive^   to  require  of 
said  tax  payers  thai  they  make  another  return-to  him,  upon  valu- 
ation, as  provided  for  in  this  Act. 

.  V.  Repeals  conflicting  laws. 

Assented  to  Dec.  2,  1^6'3. 


60  PUBLIC  LAWS— Paupers. 

of  Tax-payers— Bnrial  of  Pai 

(No.  57.) 

An  Act  to  alter  and  cliange  theoath  of  tax  payers  in  this  State. 

S.  Section  I.   The  General   Assembly  oj    the  State  of  Georgia  Jo 

enact,  That  from  and  after  the   passage  of  this  Act,  in  addition  to 

£2boft"x.  the  oath  now  required  of  all  Tax  payers  of  the  State,  they  shall  be 

**'*"•        required  to  state  under  oath,  whether  or  not,  they  have  refused  to 

take  Confederate  treasury  notes  in  satisfaction  of  any  or  all  claims 

due  them. 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  Dec.  14,  1S63.  • 


TITLE  XIV. 


PAUPERS. 

SiV.  1 .  [nferior  Court  to  pay  for  burial  of  paupers.    How  restricted. 

(No.  .58.)   ' 

An  Act  in   prom!:  fi.n  the  burial  of  Paupers  m  this  State. 

1.  Section.  I.  Be  it  enacted,  fyv.,  That  whenever  any  free  white 
_f  ■Cmut  ^ person  shall  die'in  this  State,  whoso   family  and  immediate    kin- 
^y for bunai ,jre(j  are  indigent,  and  unable  to  provide  for  the  decent  interment 
of  such  deceased  person,    and  where  the  deceased  is  a  pauper,  and 
destitute  of  the  means  of  paying  for  a  decent    interment,  the  Jus- 
tices of  the  Interior  Court  of  the  County    where  said  dea,th    shall 
occur,  are   authorized,  and  it  is  hereby  made    their  duty,    in  case 
there  be  any  Pauper    funds  belonging  to  the  county    unexpended, 
to  appropriate  a  sufficient  amount  thereof  to  provide  a    decent  in-, 
terment,  for  such    deceased  Pauper;  or   to  re-imburse    such  per- 
sons as  may  have  expended  the  same  voluntarily  after  the  passage 
n.wrestmt-of  this  Act,  said    appropriation  not    to  exceed  what  is    necessary 
'*'  to  defray  the  ordinary  funeral  expenses  of  persons  dying  in  humblo 

circumstances 4n  this  State. 

Sec.  II.  Repeals  conflicting  laws.' 

Assented  to  Dec*  14,  1863. 


PUBLIC    LAWS— Penal  Code. 


Communications  with  the  enemy— Slaves  going  over  to  the  enemy. 


61 


TITLE   XV; 


PENAL  CODE, 


S'-e.     I.  Communications  with  the  enemj 
penal.     Penalty.    Prov.soes. 

"  2,  Slaves  or  free  persons  of  color  giving 
information  to  enemy.  How  punish- 
ed. 

•■    3.  Slaves  going  ovet  Penalty 

Proviso. 

'"  -J.  Slaves  or  dec  persons  oi  color  enticing 
slaves  from,  owner.  Penalty. 

■■  5,  Illegal  impressments  penal  offence 
Perso  authori 

•  ty.    Penitential 

"  (i.  Parties  impressed  inay  demand  writter 
authority  of  Agents,  who  shall  fur 
nisli  copies. 

'•      7.   Takes  effect    inline, 1  lately. 

•■    S.  Concealing  deserters,   penal    oi 
Penalty. 


oresisl  legal  arrest 
penal.    Penalty. 

10.  Grand  Juries  to  illy  charged! 

1 1.  Proclamation  by  <:<•>. , 

12.  liemi  rly 

Camp  Grounds. 

"us,   negri  . 
!"(,,i  or  prohibited  with- 

in a  mile  withoul  permission.    Pen 
ally. 

14.  Of  fore    al  once. 

l'>.  Skinning  cows  or  other  stock 
without  consent  ofowni 
unless  value  ol  Bkinspa 
'  r.     Penalty.  , 


(No.  59.) 


An  Act  to  add  certain  sections  to  the  Final  Code'  of  Georgia. 

1.  Section  I.   Be  it  enacted,  iS'c,  That  from  and  after  the  passage 
of  this  Act,  any  white  person  or  persons,  who  shall,  dunmr  the  con-hon*itM,w 

.•  '  .         A  D  "    enemy  made 

tinuance  ot  the  present  war  between  the    Confederate  States  andp,nal 
the  United  States,  communicate,  fir  have  intercourse  with  the  ene- 
my, or  shall  aid  or  assist  any  other  white  person  or  persons  to  hold 
communication  or  have  intercourse   with    the   enemy,  shall    upon 
conviction' of  the  same,  suffer  the   punishment  of  death,  or  such1VD<,,,y' 
other  punishment  as  the  Judge  of  the  Superior  Court  may  inllict, 
.or  be  confined  in  the  Penitentiary  for  a  term  of  not  more  than  five 
years,  or  less  than  two  years,  as  the  jury  may   recommend  in  their 
verdict,  provided,  that  the  intercourse    or   communication  referred 
to  in  the  above  section, shall  not  be  construed    to  mean  or  inch' 
any  intercourse  or  commu         .       had  with  the  enemy,  by  on 
or  permission  of  the  proper  civil  or  military   authoriti  I  of 

which  permission  shall  rest  upon  tli  •  defendant  :  and  provided  fur- 
.  that  thia  I  toany  individual  whose  person 

or  property  may,  by  i  he  be  thrown  within  . 

lines  of  the  enemy. 

•_'.  Si.i  .    II.    /•  ■var/n!,   Thai  e,  or  free    p 

of  color,  who  snail  Lr<»  to  the  enemy,  with    the  intention  <■ 
them  information  of  any  kind,   shall    on     cud  ,/"y 

suffer  such  punisbmenl  astheCourj  trying  said  offence,  may  in  itsnow  punj8h- 
discretion  inflict,  noi  extending  to  life  or  limb,  or  as  the  jury  mi 
recommend  by  their  verd 


62  PUBLIC  LAWS— Penal  Code. 

Illegal  Impressment  of  Property. 


:;.  Si<'.  III.  Be.it  further  enacted,  That  any  slave  who  shall  leave 
flevretopthcs  the  service  erf  his  owner  or  employer,  and  .go  over    to  the  enemy, 
eoemy'        or  shall  leave  the  service  of  his  owner  or  employer  with  the  inten- 
tion of  going  over  to  the  enemy  ;  or  shall  attempt  to  leave  tfie  ser- 
vice of  his  owner  or  or  employer  for  the  purpose  of  going  over  to 
the  enemy,  shall,  on  conviction  of  the  same,    suffer   such  punish- 
ment as  the  Court  trying  said  offence,  may  inflict  in  its  discretion, 
not  extending  to  life  or  limb,  or  as  the  jury  may  recommend  by 
Proriio        their   verdict ;  provided,   that  this  Act  shall  not  apply'  to   a  slave 
who  voluntarily  and  bona  fide  returns   to  the  service  of  his  or  her 
owner  or  employer. 

4.  Sec.  IV.  Be  it  further  enacted,  That  any  slave  or  free  person 
pori Fm"ot ree of  color,  who  shall,  by  promises  of  freedom  or  liberty,  or  by  any 
Sustain* kind  of.  incitement,  entice  or  induce  any  slave  to  leave  the  service 

of  his  master,  or  shall  attempt  to  induce  or  entice  said  slave,  shall 
on  conviction  thereof,  suffer  the. punishment  of  death,  or  such  oth- 
peaaity.  ^er  punisi,ment  as  the  jury  may  recommend  in  their  verdict,  and 
in  case  of  no  such  recommendation,  such  punishment  as  the  Judge 
presiding,  in  his  discretion,  may  inflict. 
Sec.  V."  Repeals  conflicting  laws. 

Assented  to  Dec.  5,  1S63. 

(No.  60.) 

An  Act  to  prevent  the  illegal  impressment  of  property  in  this  State,  and 
to  purdsh  foi  the  same.  •  %* 

5.  Section  I.    The  General  Assembly  of  the   State  of  Georgia  do 
enact,  That  if  any  person,  claiming  to  act  as  the  officer  or  agent  of 

prlfamerta,    the  Confederate  States,  shall  impress  the  property  of  any  citizen  or 
'"'resident  of  this  State,  contrary  to  the  Act  of  Congress  of  the  Con- 
federate States,  commonly  called  the   "Impressment   Act;"    or   if 
Persona  im-  anv  person,  shall  claim  to  be  an  officer  or  agent  of  the  said  Confed*   ' 

pressing  with-        J    I  .  ..  .        .  ~ 

•ut authority erate  States,  with  authority  to  make  impressment  ot  property  un- 
der said  impressment  act,  and  who  shall  not  have,  sucb  authority, 
and  who  shall  impress  the  property  of  any  citizen   or   resident  of 

Penitentiary  this  State,  such  person,  or  oilicer  or  agent  so  offending,  shall  upon 

.ffomx*.  coliviction,  be  punished  by  confinement  and  labor  in  the  Peniten- 
tiary for  a  term  of  not  less  than  one  year,  nor  longer  than  ten 
years  ;  provided,  this  Act  shall  not  apply  to  any  officer   or  agent  of 

Proviso.       !j1(3  Confederate  States,  who  is  in  good   faith  obeying  the  order  of 
his  superior  officer,  duly  authorized  by  law  to  give  such  order. 
6.  *Sec.  III.  Be  it  farther  enacted,  That  if  any  person  or  persons, 

preaael,  m'ay claimin2  to  be  the  agent  or  agents  of  the  Confederate  government, 

demand  writ-  p  .  <~>  „*  .  .  °  . 

ten  authority  smi ii  seize  or  impress,  or  attempt  to  seize  or  impress  private  prop- 
^u'furtishierty  for  public  use,  shall   fail  or  refuse  to  exhibit  his  written  au- 
thority for  so  doing,  and  give  a  true  copy  of  the  same  to  the  own- 
er, or  other  person  having  charge  of  said  property,    upon  applica- 


*     PUBLIC  LAWS— Penal  Codh.  ',      G3 

To  pnnish  perwins  who  assist  or  conceal  deserters— To  protect  Camp  Grounds  from  intrusion. 


tion, — such  person  so  failing  or  refusing,  shall  be  deemed,  held, 
and  considered  as  having  no  legal  authority;  except  impressing  of- 
ficers of  armies  in  the  field  ;  provided,  that  the  failure  of  the  im- 
pressing officer  to  exhibit  his  authority  or  furnish  a  copy  thereof,  up- 
on demand,  shall  only  operate  as  ptima  facie  evidence  of  want  of  au- 
thority, and  shall  not  conclude  such  party  from  proving  his  author- 
ity upon  the  trial. 

7.  Sec.  IIP.  Be  it  further  enacted,  That  this  Act  shall  take  effectt^e.  <■*-■ 
and  be  operative  from  and  immediately  after  its  passage.  immediately. 

Sec.  IV.  Repeals  conflicting  laws. 
Assented  to  Dec.  U,  1863. 

(No.  61.) 

An  Act  to  pimish  any  person  who  may  hereafter  conceal,  or  assist  any  de- 
serter in  resisting  a  legal  arrest  in  this  State.  .  .     » 

8.  Section*  I.  The  General  Assembly  of  the  State  of  Georgia  do  en- 
act. That  anv  person  who  shall  hereafter  conceal  a  deserter   from„       ..'   . 

"  r  ri         r  n  Concealing 

the  army  or  navy  of  the  Confederate  States,  or  from  the  militia  ordT'„cr"pe* 

w  w  *  '  lift!  OuOIlBC*. 

State  forces  of  this  State,  while  in  actual  service,  knowing  him  to 
be  a  deserter,  shall  be  guilty  of  a  misdemeanor;  and  on  conviction, p<>"a,tJ- 
thereof,  shall  he  punished  by  fine  or  imprisonment  in  the  common 
jail  of  the  county,  or  both,  in  the  discretion  of  the  Court;  flie 
fine  not  to  exceed  five  hundred  dollars,  nor  the  imprisonment  to 
exceed  six  months. 

9.  Sec.  II.  B<  it  further  enacted,  That  any  person  who  shall  as- ▲■•feting  d«- 
sist  any  deserter  in  this  State    in  resisting  a  legal  arrest,  knowing X'twaur-"" 
him  to  be  a  deserter    from  the    army  or  navy  of  the    Confederate'"   r""' 
States,  or  from  the  militia  orState  forces    of  this  State,  shall  be 

guilty  of  a  misdemeanor,  and  in  conviction   thereof,  shall' be  pun-1  ,iaUy' 
ishedby  fine  or  imprisonment  in  the  common  jail  of  the  county, 
or  both,  in  lire,  discrekion'of  the  Court,  the  fine  not  to  exceed   two 
thousand  dollars,  nor  the  imprisonment  to  exceed  six  months.  %£$& 

10.  Sr-:r.  III.' Be  it  further  enacted,  That  the  attention   of  Gran 
Juries  sli  died  to  this  Act. 

11.  SEC. -IV.   Be  it  further  enactea,  Thai  this   Act  shall,  immedi- 
ately after  its  passage,  b  \  proclaimed  by  the  Governor,   and    shall 

ect  ten  days  after  such  proclamation. 
i  Dec.  l-">,  L863. 

(No.  02.) 
An  Act  t"  p.rotccC^Camp  Grounds  from  intrusion,  and  for  other  purvo- 

12.  Sec.  I.    /      '  I  §  G   trgia  do  enact f^emt4y^r 
That  the    Trustees,   Commissioners   and    other   owners  of  Camp t^»^,« 
grounds  in  this  St                        the  exclusive  right  to  prevent  in- '" 
traders  and  squ  ittera  from  occupying  any  land  within  the  bounda- 
ries of  said  Campground,  and  Jor  instituting  proceedings  against 


64      «  PUBLIC  LAWS— Penal  Code. 


ouce. 


To  < l.'ti nt-  auil  puni-h  tin-  oflfenst  <>['  skinning  cows 

any  such  intruders  and  squatters,  in  the  same  manner  as  is  now  au- 
■  thorizedby  law,against  intruders  and  trespassers  upon  land  in  this 
State. 

13.  Sec.  IT.  Ahd  be  it  further  enacted,  That  it  shall  not  be  law- 
ful for  any  person,  or  any  slave  or  free  person  of  color,  to  vend   or 

;  expose  to  sale,  during  the  period  of  divine  worship,  within  one  mile 
: of  the  place  of  worship  in  said  Camp  ground,  any  article,  com- 
wiui..'"",*.. ■■•■  modity  or  thing  whatever,  withouj  the  written  const.. nt  of  a  major- 
ity of  said  Trustees,  commissioners  or  owners,  under  penalty,  if  a 
white  person,  of  being  indicted,  and  on  conviction,  fined  or  impris- 
oned at  the  discretion  of  the  Court;  and  if  a  slave  or  free  person 
of.  color,  of  receiving  such  corporeal  punishment  as  the  Court  may 
inflict. 

14.  Sec.  III.  B(  it  fori  cdi  That  this  Act  shall  take  effect 
from  and  alter  its  p  ad  that  all  conflicting  laws  be  repeal- 
ed. 

Assented  to  Dec.  14,  1S1  3. 

(No.  63.)  . 

tAn  Ad  to  defim   and  jpunish  the    offence  of  skinning  coirs,  or  any  other 
kind  of  stock,  cattle,  sheep  or  goats,  and  refusing  to  pay  for  the  hides.' 

•5.  Sec.  I.    T  ral  Assembly  oj  the  State  of  Georgia  do  enact, 

That  from  aud  after  the  passage  of  this  Act,  it  shall  be  unlawful 
f££.  for  any  person  in  this  State,  to  skin  any  dead  cow,' or  any  other- 
kind  of  stork  cattle,  sheep,  or  goats,  without  consent  of  the  ow- 
ner, agent,  or  overseer  of  said  stock  or  stocks  of  said  cattle,  that 
does  not  belong  to  him,  her,  or  them,  without  accounting  to  the 
owner  or  owners  thereof  lor  the  skin,  when  thereunto  demanded  ; 
and  in  all  cases  when  any  person  or  persons  shall  have  been  en- 
gaged in  skinning  any  Cow,  or  other  kind  of  stock;  cattle,  sheep, 
or  goats,  and  shall  refuse  upon  demand  of  the  owner  therof,  or  his 
agent,  or  overseer, -to'pay  the  reasonable  value  of  the  skin,  he,  she 
renaitj.  or  thev  shall  be  subject  to  indictment,  and  upon  conviction,  shall 
be  fined  for  each  and  every  offence  in  the  discretion  of  the  Court, 
not  less  than  fifty  dollars,  nor  more  than  five  hundred  dollars,  or 
imprisoned  in  the  common  jail  of  the  county  where  the  conviction 
takes  place,  not  more  than  thirty  days. 
Sec.  II.     Repeals  conflicting  laws. 

Ass  i  Dec.  J  !,  1863. 


riT.LIC  LAWS— Railroads. 


GO 


Amend  Charter  of  Macon  &  Western   K.tihoiul— Overs,  crs  ;n:d  Tr;iek  Menders  to  Hie,  lists  of  murka,  fcc. 

TITLE   XVI. 


RAIL  ROADS. 


See.  I.  Macon  <fc  Western  Rail  Koad  author- 
ized to  charge  same  rates  for  travel 
and  freijjhl  as  Central  Rail  Road. 
an  ler  certain  restrictions.  Provi 
sues.  As  to  shipinenl  of  grain  ot 
destitute  sections.  Pare  ofsoldiers. 
Power  to  reduce  retained  by  Legis 
latino. 

nil  passage. 


3.   OVRRSKttR!    AM.  TRACK-MKKDKHSghall 

file  with   Station  apr^nts  weekly  re- 
turns of  slock   hilled,  <fce      I. 
be  posted  in  Office  of  Station  agents. 

I.  l,i:  biliry  of  Overseer  or  track-inend- 
er  for  failing  to  comply. 

5.  Rail  Road  Co.  responsible,  if  o\ 
or  track  mender  insolvent. 


(No.  G4.) 

An  act  to  amend  the  Charter  of  the  Macon  and  Western  Rail  /<  <  ■ 

1.  Section  T.  Be  it  enacted  hj  the  General  Assembly  of  the  State  oj  Macon  ana 
gia,  That  from  and  alter  the  passage  of  this  Act,  it  shall  and  V    thorfaed 

may  be  lawful  fov  the  said  Macon  and  Western  Rail  Road  Compa-. 

nv,  to  charge  wr-h  rates  of  fare,  per  mile,  lor  travel  and  freight,  as <>*$*  "con- 

the  Central  Rail  Road  Company  now  charges,  or  may  hereafter 

churge,  for  travel  and  freight  per  mile  :     Provided,  said  Macon  andre- 

Western  Rail  Road  shall  not  charge  more  than  fifty  per  cent,  on Provuoca. 

the  rates  of  travel  and  freight  allowed  by  the  charter  of  said  Rail 

Road  Company  :  And  provided  further,  that  this   ini  :  freight 

shall  not  apply  to  shipments  of    Com,  and  other  gram  and  pro- mentor  grain 

duce  for  distribution  without   speculatipn,  in   destitute    parts  ofeectSaa. 

Georgia:  Provided  further,  that  this  increase  of  fare  shall  not  apply 

to  officers  and  soldiers  in  the  soviet'  of  the  Confederate  Mates  orFareoiaoi- 

State  of  Georgia:   Provided  further,  that   ihe  right  and  power  to  w" 

compel  said  Company    to   reduce  such  rates  of  charge    within  the 

limits  prescribed  by  their   charter,   hereby  amended,  be,  and  r he *■>•*«*•'«»•* 

same  is  hereby  reserved,  to  be  exercised  and  put   in  operation  bytm*. 

any  subsequent  session   of    the  Legislature  of  this  State,  if  such 

Legislature  shall  deem  proper. 

2.  Sec.  II.  Be  it  further  enacted,  That  this  Act  shall  take  effect 
from  and  immediately  after  its  passage. 

.  111.  Repeals  conflicting  laws. 
Dec.  11.1- 


•  r  181. 


(X. 


•) 


(tail 
Roads  hi  :  nf  all  *,< 

tin  r  jn'ij 

the  -  of  all  s: 

"killed  ii; 


66 


PUBLIC  LAWS— Relief. 


Relief  of  the  People  in  certain  Counties. 


be  compelled  to  identify  in  their  weekly  report,  on  what  part  of 
List,  to  he  their  section'such  stock  was  or  may  have  been  killed,  by  .some  des- 
g^f^aoni^nated  place  on  said  section  ;  said  list  to  be  placed  in  a  eonspieu- 
•s^te.  j  place  in  the  office  of  the   said  Station  agents,  for    the    inspec- 

tion   oi   ;ill  pei-sons  concerned. 

4.  Sec.  II.  Beit  further  enacted,  That  upon  failure  of  any  overseer 
overdo?  .  or  track  mender  to  comply  with  the  provisions  of  the  first  section 
forufaiUng  to0f  thi#s  Act,  lie  shall  be  liable  to  pay  the  owners  of  said  stock 
double  the  value  of  all  stock  killed  on  his  particular  section,  and 
not  reported  during  such  failure;  the  same  to  be  recovered  in  the 
same  manner  as  now  provided  by  law  for  the  collection  of  claims 
lor  stock  killed  on  Railroads  in  this  Si  ate. 

■',.  SEC.  HI.  Be  it.  farther  enacted,  That  in  case  the  overseer  or  track 
SSotTrib&rmender  is  insolvent,  then  and  in  that  case  the   Kail  road  Company 
mmirin  whose employ  they  are,   shall  be   liable  to  pay  according  to  the 
insolvent.      pr0ViGi0iis  of  the  second    section   of  this  Act,   Provided,  That  in 
all  cases  when  the  penalty  shall  be  collected  from  the  track  men- 
der, the  liability  of  the  Railroad  Company    in    whose  employment 
lie  may  be,  shall  thenceforth  cease. 
Sec.'  IV.     Repeals  conflicting  laws. 

Assented  to  Nov.  23d,  1863. 


TITLE  XVII. 


relief, 


See 


Sec. 


Sec. 


1.  The  Quar.  Master  General  of  Geo. 
din  cted  to  purchase  aud  Bhip  corn  to 
certain  counties  in  the  State  To 
Chattooga  county  i'>. 000  bushels! 
Walker  10,000,  Dade  8,000,  Catoosa 
8.000,  Whitfield  10,000,  Murray  7,- 
000  Gilmer  8.000,  Fannin  8,000, 
Union  8,000,  Towns  1,000,  Rabun 
3fl00,  Habersham   1.000,  Wl 

500.  Lumpkin  4,000,  Dawson  3,000, 
Pickens  3,000.  Expense  paid  by 
( :,,\  's.  v,  arrant  upon  the  Treasury. 

2.  Quar  MosterG  in':  to  employ  agents 
'and  use  transportation  for,  this  pur- 
pose. 

3.  Justices  of  Itifr.  Courts  to  arrange 
fer  transportation  from  Hail  Road. 
Agents  to  bu  appointed  to  distribute. 


Sec. 


Destitute  soldiers'  families,  &  ^sup- 
plied with  0'  in  free  of  charge.  In- 
digent families  also  furnish)  d.  Oth- 
er persons  enumerated,  lobe  sup- 
plied at  price  of  delivery.  Money 
arising  from  such  sales,  how  disposed 
of. 

Persons  intentionally  misapplying 
or  converting  corn,  guilty  of  misde- 
ii,  how  pun- 
ished. 
5.  Disbursing  agents  to  keep  a  book, 
under  penalties,  showing  distribu- 
tees, purchasers,  prices,  &c.  Book 
opentor  inspection,  ami  exhibited 
once  a  month  to  Justices. of  Inferior 
Court.    Agents  removable.  Proviso. 


(No.   06.) 


An  Ac/  for  the  relief  of.  the  people  in  certain  equities  therein  mentioned, 

and  for  other  purpose!. 

WHEREAS,  Owing  to   the  depredations   of  the  enemy,  and  the- 
presence  and  necessities  of  our  own  army  foraging  upon  the  coun- 


PUBLIC  LAWS— Relief.  67 

Relief  of  the  People  in  certain  Counties. 

try,  and  also  the  extreme  droughth  and  early  frost,  the  people  of 
Northern  Georgia  are  in  great  need  of  breadstuffs;  and  ic/ioras,  near- 
ly the  entire  laboring  population  of  said  section  is  now  in  the  ar- 
my, and  the  people  must  inevitably  suffer  unless  aided  by  the  gen- 
erosity of  the  Si, 'He, 

1.  Section  I.  Be  it  enacted,  tyc.,  That  the  Quartermaster  General  ^t«°oS4 
of  this  State,  be,    and  he  is  hereby  directed  and  required  to  pur-Sid0*  p,l£°" 
chase  and  ship  to  such  points  on  the  Railroad  as  shall  be    designa-^ 
ted  by  the  Justices  of  the  Inferior  Courts  of  the   several  count 
hereinafter  enumerated,  and  subject  to  their  order,  the  fallowing 
amounts  of  corn,  to-wit  : 

0,000  Bushels  of  corn  to  the  county  of  Chattooga.  Amount  to 

10,000  bushels  oi  corn  to  the' county  ol  Walker. 

■o  bushels  of  corn  to  the  county  of  Dade. 
SjOOO  bushels  of  corn  to  the  county  of  Catoosa. 
10,000  bushels  of  corn  to  the  county  of  Whitfield. 
7,000  bushels  of  corn  to  the  county  of  Murray. 
8,000  bushels  of  corn  to  the  county  of  Gilmer. 
8,000  bushels  of  corn  to  the  county  of  Fannin. 
10  bushels  of  corn  to  the  county  of  Union. 
)  bushels  of  corn  to  the  county  of  Towns. 
3, 01K)  bushels  of  corn  to  the  county  of    b'abun. 
4,000  bushels  of  corn  to  the  county  of  Habersham. 
3,500  bushels  of  corn  to  the  county  of  White. 
4,000  bushels  of  corn  to  the  county  of  Lumpkin. 
3,000  bushels  of  corn  to  the  county  of  Dawson  and 
3.000  bushels  of  corn  to  the    county  of  Pickens,    or    so    much 
thereof  as  the  Governor  may  think  necessary:  and   it  shall  be    theE*p«n«« 
duty  of  his  Excellency  the  Governor  to  draw  his  warrant  upon  the*"™"  «p°u 
Treasury  for    the   amount  of    money  necessary  to  pay  for  trie  pur- 
chase, sacking  and  shipping  said  corn;  which  amount  shall  be   paid 
out  of  any  money  in  the  Treasury  no"  otherwise  appropriated. 

.  Sec.  II.  And  be  it  further  enacted,  Thai  said  Quartermaster  GeO>a  m.  ae&'i 
era!  be  autliori/.odto  employ  such  agents,  and  to  take,  control  and^,r,',','s,,,"11TIld 
use  such  transportation,  by  t  he  order  of  1  he  Governor, as  in  his  jiulin--;;,v;.,,;i:,;.',V7hi« 
ment  Bhall  be  absolutely  i  c  trry  out  the  objects  of  this'""'posc- 

■  and  to  pavJiiM    compensation  for  the  services   oi  said  agents 
or .  transportation,  to  be  approved  by  the  Governor. 

$EC.   III.  And  be  it  further  enacted,  That  it  shall  be  the  dut} 
>f  the  said  Justices,  to  make  such  a rran  for  the  transporl 

lion   of  said  corn  from  the  Railroad    to   their  respective  counts   . 

[uire,  and    to  employ  such  agents  to  take, 
charge  of  and  distribute  th<  necessaryj  and  it  sha 

ruish,  Or  cause  to  be  furnished  byScMitaSifcJ" 
said  to  each  soldier's  family,  and  the    families  of  d 

soldiers  the  families  and  widows  wh  are  in   the  milii  :"*"- 

1  in  the  military  service,  who  are  d 
tituteof  corn  and  need  the  same,  a  sufficient  quantity  of  corn  for 
their   bread,   and  no  more,  free  ol  :  and  to   each  person  or 


68  PUBLIC  LAWS— Rei 

Relief  of  the  People  la  certain  Counties. 


inaigent  P,.,:  family  who  are  in  such  indigent  circumstances  as  to  require  it,  (to 
»i"bV!iKU  ""'be  judged  of  by  the  Justices  aforesaid)  a  sufficiency  for  their  bread 
otb.-rp<>r.onB  and  no  more,  free  of  charge;  and  to  such  other  persons  in  their  res- 
\X"uppitdpective  counties  who  may  be  destitute  of  corn  and  nerd  the  same, 
dtu£ry.of    a  sufficiency  for  bread  and  no  more,  at  the  price  or  cost  of  its  de- 
livery ;  and  the  money  arising   from  Buch  sale  or  sales,  to  be  paid 
Kom^'-h  over  to  said  Justices  for  the  use  and  benefit  of  soldiers  families,  the 
ESSedST'""  widows  of  deceased  soldiers,    widows  whose   sons  are  in  the  army, 
or  whose  sons  have  died  in  the  army,  or  been  disabled,  and  the  indi- 
gent poor  of  their  respective  counties,  after  paying  all  costs   that 
may  arise  in  transporting  and  distributing  said  corn. 

4.  Sec.  IV.  And  be  it  further  enacted,  That  if  any  persons  through 
ta!tSuriiyln"  whose  hands  said  corn  may  pass,  shall  intentionally  misapply  said 
^converting corn,  or  convert  the  same  to  his  own  use,  or  in  any  other  way 
SSKin- direct  or  use  the  same,  contrary  to  the  objects  contemplated  in 
or-  this  Act,  he,  she  or  they  so  offending,   s!  all  be   guilty  of  a  misde- 

vpon  convic-meanor,  and  on  conviction  thereof,  shall  be  punished  by  imprison- 
i£ed.owpun"ment  in  the  common   jail  of  the  county,   for  not    less  than  two 

months,  nor    longer  than  six  months. 
S^wt  Sec.  V.-And  be  it  further  enacted.  That  it  shall  be  the  duty  of  said 

^5torfl'p"i.tti- disbursing  agents,  under  the  penalties  contained  in  the  fourth  sec- 
dHrtribXe^ tion  of  this  Act,  to  keep  a  book  in  which  he  shall  have  entered 
pr'.v'r'i,'.  all  corn  distributed  by  him,  and  to  whom,  and  how  much,  and 
opTn  for  in-  at  what  price  sold,  and  said  book  shall  be  open  to  inspection  to  any 
Book'""'  be  person  at  any  and  at  all  times;  and  it  shall  be  the  duty  of  said 
ouce^moLtb  agent  to  exhibit  said  book  to  said  Justices  at  least  once  a  month  ; 
tatcoST  and  said  Justices  shall  have  power  to  dismiss  said  agents  at  any 
vabie.tHrt'mo"time  they  may  see  proper  ;  Provided,  the  provisions  of  this  bill 
provuo.  t|Q  not  comg  jn  conflict  with  the  absolute  wants  of  the  General 
Government. 

Sec.  VI.  Repeals   conflicting  laws. 

Assented  to  Nov.  26,  18G3. 


PUBLIC  LAWS—:-  \x;>  Soldiers'  Families. 


Supp  i 


SOLDIERS  AND  SOLDIERS  FAMILIES. 


09 


111  m  dollars 
iport,  in  18i)},  ofin 
Soldiers  uow  in  sen 
di.vl  in  service,  or  been  di  >  tble  I.    Ben 
efi  ;iari  Excludes  Soldiers 

detailed    as   Mechanics.      W 

includes.     Mode  'of 
pa  rl  ly  self-sustaining 
i  lies,  of  Svibsti 
eluded. 
"    '2.    Funds  derived  from  "Income  Tax  Act"' 
to  form  part  of  the  six  million.     How 
distributed,      Gov.    to    furnish    lufi 
•         Court  "  ith  copy  Aot,  and  give  instruc- 
tions. Schedule  to  be  made  out.   Cum] 
(!  mi'I  to  !>e  furnished  with  Btatemenl  in 
detail     Beneficiaries.    Statement  ac- 
companied with  affidavit  of  Justices 
Cump.  Gen'l  shall  apportion  t':in<l  ac- 
cording to  number  of  beneficiaries  re- 
turned. 
'•    3.    Mode  of  drawing  fund by  Inf'r  Court. 
-'    4.    InPr  Court  authorized    to  make  ar- 
rangements for  safe  custody  of  funds, 
ami    purchase  provisions.     Bonds   <>t 
Agents.   Compensation,    Nutnberand 
name  of  beneficiaries,  bow  obtained. 


15. 


16. 

17. 


12. 

in. 


InPrC 

ics  us  to  !oi,  lition  of  applio  mts. 

-  diluting   (in 

or  refusing  settemeuf   on    de- 

1   , ■    ,'  •  of   penal   offence.    Pun- 

I  !  'i(ivisi). 

imes,  and  in  what  install- 

funds  to  be  paid  out.     Proviso. 

In  ease  of  removal  trom  one  County  to 

her,  liofl  beneficiaries  paid, 
Grand  Juries  to  investigate  returns,  ac- 
counts and  disbursements,  and  report 
violations  o,  the  Act, 
Banks,  and  incorporated  Companies 
Willi  banking  privileges,  taxable  like 
other  property,  to  raise  funds  under 
this  Act.     I'r<>\  iso. 

$35,000     AI'MtOI'KIATKl)     TO      PAY     -1TII 

Ga.  Brigade,  arrearages  for  services. 
Also,  all  Other  troops  similarly  situated. 
Legal  representative  may  draw,  in  case 
i  !'  death  of  any  member  entitled. 
Gov.  to  appoint  Auditor.  Qivir.  Mas. 
of  State  to  pay  acc'ts  audited,  and  re- 
turn vouchers  to  Ex.  Dep't. 
What  funds  to  be  drawn  on. 


GEORGIA  RELIEF  AN'D  HOSPITAL  ASSOCIATION. 


$300.00')  appropriated.  J!  >w  expen- 
ded. Additional  provisoes.  To  whom 
Supplies  of  clothing  ami  shoes  to  be 
given. 

AJay  of  annual  meeting  of  Superinti  a- 
"fed. 

e  1  to  Agents  uiid  I  rrovi  j 


18.  A  uthorizcB  importation  of  supplies  by 
association,  under  certain  restrictions. 

confei  ence  with  Governor. 

19.  Appropriation  may  be   drawn  on  any 
fund  How  drawn. 


(No.  G7.) 

An  Act  in  apprvpriati  r  the  support  of  indigent  families  of  Sol- 

.  who  ma  I  for  the  svpport  of  indigent 

thescrvict  of  this 
State,  or  oft)     •  Stoics,  fur,  and  during  the  year  I  st'>4  ;  mul 

to  the  fiurpa 

r  a 
Tax  fUds 

mlUka 

dollki 

i  .    C 

dollar 
is  hei 

d,  for  tin*  supporl 


70  PUBLIC  LAWS — Soldiers  and  Soldiers1  Families. 


Support  <>f  indigent  families  of  Soldiers. 


of  indigent  widows  and  orphans  of  soldiers,  who  have  died,  or  been 
killed  in  the  service  of  this  State,  or  the  Confederate  Suites;  for 
the  support  of  indigent  families  of  soldiers,  who  may  he  in  the 
public  service;  and  for  the  support  of  indigent  soldiers  and  families 

defined.  ol  soldiers,  wlio  may  nave  been,  ;md  who  may  hereafter  he  disa- 
bled by  wounds  or  disease,  in  the  service  of  this  State,  or  the  Con- 
federate States.  Provided^  the  word  "  families"  whenever  used  in 
this  Act,  shall  he  taken  and  held  to  mean,  all  persons  who  were 
dependent  for  support  on  any  such  person,  who  has  gone,  or  may 
go,  into  the  Military  service,  from  Georgia. 
i,.s  ,oi.      Provided,  That  the  benefits  of  this  act  shall  not  apply  to  soldiers, 

ai'imd^'^who  have  been  detailed  for  the  purpose  of  working  in  workshops, 
and  transacting  other  business-,  for  which  they  are  drawing  Me- 
chanics wages.     The  term  "  indigent"  to  include  Wives.  Mothers, 

W)    t  tl  • 

term  ;-indi-  Grand  Mothers,  and  all  those  Who  have  to  leave  their  ordinary  bu- 

dude!.111"     siness  in  the  house,  and  to  labor  in  the  field  to  support  themselves 

are!  children,  and  who  are  not  able  to  make  a  sufficient  support  for 

„  .    ,.    ,.   themselves  and  families.     Ptovidci,  that  the   said  Inferior  Courts, 

Mode  of  reliel 

and  persons  appointed  by  them,  be  required  to  assist  such  families 

ius-    as  are  partly  self-sustaining,  hy    partial  appropriations,  from  this 

fund,  or  by  selling  supplies  to  such  families,  at  cost  and  carriage, 

if  either,   or  both,   can  he  done,  without  manifest  injustice  to  the 

claims  of  the    actually  indigent,   as  determined,  hy  the  provisions 

of  this  Act,  it  being  intended,  that  the  provisions  of  this  act  shall  ap- 

!fnwtttate80if»ptyi  as  we^  to  the  families  of  all  substitutes,  who  are  indigents  in 

service incin-j-kg  S(>,JS0  herein  determined,  as  to  oth 

Funds  deriv-  2.  Sec.  II.  Be  it  further  enacted,  That  the  funds  raised  by  the 
wm^ta'Sctlaw  usually  known  as  the  "  income  fax  act",  assented  to  April  18th, 
o°f  n.-'"ir  1863,*  shall  form,  and  he  a  part  of  the  six  millions  of  dollars  ap- 
miiiion.  propriated  by  this  act;  and  instead  of  being  distributed  amongst  the 
counties  of  the  State,  according  to  representative  population,  as  in 
said  Act  provided,  these  funds  shall  be  distributed  according' to  the 
"ted.  number  of  beneficiaries,  as  provided  in   this  Jaw,   tor  the  distribu- 

tion of  the  balance  of  the  funds  appropriated,  by  the  foregoing  first 
section  thereof;  and  that  it  shall  be  the  duty  of  the  Governor,  im- 
i^-n£c"™; mediately  after  the  passage  of  this  Act,  to  cause  a  copy  thereof  to 
with  copy  of  be  furnished  to  the  Inferior  Court,  of  each  county  in  this  State,  with 

act,   and  ,  •* 

faMtructioM.  such  instruction,  if  any,  as  he  may  think  proper  to  give  them  :  and 

upon  the  receipt  thereof,  by  said  Inferior  Court,   it  shall  be  their 

duty  forthwith  to  proceed  under  the  rules  herein;  iter  prescribed, 

schedule  to  to  make  out  a  schedule  of  persons  within   their    respective  eouu- 

comPado?.n-i ties,  who  may  be  entitled  to  the  benefits  of  this  Act,  and  file  the 


edwlthrt!?tet".8ame  m  th^ir  respective  offices ;  and  to  forward  to  the  Comptroller 

m('"ti,irle,ail  General,  before  the  first  day  of  February  1SG4,  or  so  soon  thereaf- 

;  '  ter  as  may  be  practicable,  a    statement  from  said  schedule,   of  the 

number  of  widows,  residing  within    their    respective    counties,   of 

soldiers,  who  have  died  or  been  killed  in  the  Military  service  of  this 

State,  or  the  Confederate  States,  during  the  existing  war,  or  have 

*For  "  Income  Tax  Act"  referrel  to,  sec  Pam.  Acts  1663,  page  17H 


PUBLIC  LAWS— SoT.pn.iJS  and  Soldi sks'  Families.  71 

Support  of  indigent  famffie*  of  Soldiers. ' 


died,  alter  being  discharged,  of  sickness  contracted,  or  wounds  re- 
ceived in  the  service,  and  who  are  unable  to    support    themselves,, 
and  have  not  the  means  of  support  ;  the   numbe."   of  Soldiers  who 
have  been  discharged,  and  who  are  residing  within  +ue  county, dis- 
abled  by  sickness  or  wounds    in  the  service,  and  who  are  not  able 
to  support  themselves,  and  have  not  the  means  of  support;  those 
who  are  the  wives  of  Soldiers  in  the  service,  or  of  disabled  c  ischar- 
ged  s,,!diers,  or  whose  son  or  other  person,  upon    whom  thev   have: 
usually  depended  for  support    heretofore,  has  died,  been  killed,  dis- 
abled, or  is  then  absent   in  th"  Military  service,  and  who  are  indi- 
gent, and  have  not  the  m<  support  :  also,  the  number  of  or- 
phans, under  the  age  of  tweb  .  of  Soldiers  hereinbefore  de- 
scribed ;  and  also,  the  number  of  children  of  other  women,  not  wid- 
ows, as  hereinbefore  set   forth,  who  are  under  the   age  of   twelve 
years,  and    children    of  indigent  disabled  soldiers,  who  have  been 
discharged,  and  who  are  under  said  age,  an<3  which  said   orphans, 
and  other  chil'lren,  are    indigent,  and    have   not  the  means  of  sup- 
port;  and  also  including   in  said  schedule  and  statement,  all  chil- 
dren and  other  indigent  pefson  ,  usually  dependent  on  the  Soldier 
for  support,  over   said  age,  who,  from    bodily  infirmity,   or    other 
cause,  are  unable  to  support  and  maintain  themselves  ;  which  said  ,,  , 
statement  to  the  Governor,  shall  b"  med  bv  the  affidavit' 
of  the  Justices  making  out  the  schedule,  that  the  same  is  of  die  in 
their    office,  and    is  just   and  true,  and  is  impartial,  to  the  best  of 
their  knowledge,  and  belief.     When  the  Comptroller  General  re-comp. 
eeives  schedules  of  beneficiaries,  as  may  be  reported  to  him  by  theu'm'ZT.c- 
lirsi  day  of  February,  he,  under  the  super;  ision  and  control   of  the ',',',',?,! ll'-r  of 
Governor,  shall  proceed  to  apportion  che   fund,  provided  by   thisr«t! 

.  among  tin1  several  counties,  where  schedules  are  so  reported, 
and  the  apportionment  shall  be  mad  ■.  upon  the  basis  of  the  num- 
ber of  beneficiaries  returned,  at  the  time  said  apportionment  is 
made. 

3.  S*c.  III.  Be  if  further  cn/ided,  That  the  funds  to  be. disburs- 


ed  in  each  county,  shall  be  delivered    to  the  Inferior  Court  of  the 
ity,  or  to  t heir  order,  under  t  le  seal  ol  the  UourUaud  shall,  by  ■ 
sai.!  ■  i  appropriated  to  the  purposes  aforesaid,  in  such  man- 

ner as  they  shall   deem    most    efficient,  and   in  substantial  compli- 

to  the  application  of  the  {mid-',  with  the  Act  assented 
November  the  twenty-ninth,  eighteen  hundred   am 
incases  when  special  Acts,  have  been  passed  for  any   of  the  Coun- 
ties, then  in   such  county   or  ( nties,  insubstantial    eompli 

with  the  local  Act  in  force,  in  such  county  or  countie 
far  as  tin  ions  of  the  Act  of  eighteen  hund    d  and  Bixty-oi 

and  such  special  Acts  as  may  be  inconsistenl  with  i 
4.  Sec.  IV.  Th  or    Cou 

-   < 
rangeinents  and  regulations,  as  they  may  d< 


ITBLIC  LAWS — SOLDI!  [LIES. 


Supporfcof  indigent  families   i 


the  custody  and  application  of  the  fund,  tl  i  ceive; 

and  they  shall  have  power  to  appoint  one  or  more,  lit  and  discreet 
i;i  each  County,   or   Mil:  und 

from  them,  ami   appropriate  it  fur  the  use  of  the  beneficiaries    of 
this  law,  by  pur*  articles  "of  prime  net  hem,  or 

otherwise,  as  may  be  found   most  to  the  advantage  of  the   per 
interested,  and  to  receive  and  appropriate  all  such  articles,  as  may 
di  M      be  <h  livered  to  them,  in  lieu   of  money,  under  any    provisions  of 
this  law.     The  Court  may  require    bond    and    surety    from    each 
county  disbursing  agent,  appointed   under   the  provisions  of  this 

CotnpeiiEa-  .    •  ,  1   •  i  •  ■     i  i 

tiuu.  section  ;  and  may  pay  linn  such  compensation  as  may  be  agreed  up- 

on. The  Inferior  Court  of  each  County,  may  employ  one  or  more 
naX* often- good  and  responsible  citizens,  in  each  Militia  District  oftheCoun- 
cbtaS  °wty,  to  ascertain  the  names  and  number  of  persons  entitled  to  the 
benefits  of  this  Act,  and  return  the  same  to  the  Court.  The  Court 
shall  have  power  to  decide  on  the  return,  and  to  consult  other 
sources  of  information. 

5.  Sec.  V.  It  shall  be  the  duty  of  the  Inferior  Courts  of  the  sev- 
inf.  court  and  era'  counties  ofthis  State,  and  all  such  agents,  and  other  persons,  as 
J*S£gdii?  t  they  shall  employ  or  appoint,  to  aid  in  carrying  out  any  provisions 
«nqmn.s"a,.o0f  tliis  Act,  or  the  provisions  of  the  Act  of  1SG1,  not  inconsistent 

finiditiou   of  ■         ,   *  I  ' 

applicant*  with  the  provisions  of  this  Act;  to  make  diligent  enquiries,  and  to 
see  that  no  person  shall  receive  any  aid,  or  assistance,  under  this 
Act,  who  has  sufficient  income,  or  who  might  have  a  sufficiency,  by 
using  proper  industry  and  labor. 

G.  Sec.  VI.  If  any  agent  appointed  to  receive,  and  pay  out,  and 
iiltforipMu-appropropriate  this  fund,  or   such   articles  as  may  be  delivered  to 
futa'dfo?Kfu-'him,  in  lieu  of  money,  for  the  purpose  aforesaid,  shall    apply    the 
^dema^r^same,  or  any  part  thereof,  to  any  other  use,  or  uses,  than  those  set 
Se.fpo°  forth  in  this  Act;  or  shall  trade  or  speculate,  on  the  same,  or  any 
part  thereof;  or  shall  fail,  or  refuse,  to  come  a  full,  and  fair  account, 
on  demand,  with  the  Inferior  Court  of  the  county,  in  which  he  may 
have  been  appointed,  or  to  such  figent  as  the  inferior  Court  may 
appoint,  to  demand,  and  make  such  settlement,  he  shall  be  deerrir 
ed  guiUy  of  larceny,  after  trust  delegated    and  confidence  reposed, 
and  on  conviction  thereof  shall  be  punished,  by    imprisonment  in 
the  Penitentiary,  for  a  term,  not  less  than  two,  nor  more  than  sev- 
Proriso.       en  years;  Provided,  this  act  shall  not  operate  as  a  repeal  of  the  Act 
of  IS61,  or  of  any  local  Act,  authorizing  county  Taxes,  for  the  sup- 
port of  Soldiers  families. 
At  whnt    •     ri-  Sec.  VII.  Dte it further  enacted \  That  the  Governor  shall  make 
apportionment,  and  distribution,   of  the  fund* herein  appropriate^, 
to'bepaidoa.to  the  several  Inferior  Courts,  in  quarterly  installments,  or  atfsuch 
other  stated  intervals  of  tiine,  as  he  may   think    best.     In  making 
each  distribution,  his  Excellency   the   Governor,  the 

Comptroller  I,  shall    distribute  the    same,  in  such  manner, 

and  in  such  proportions,  as  he  may  find  necessary,  so  far  as  prac- 
ticable, to  equalize  the  benefits  to  be  received,  under  this  Act,  by 
each  beneficiary,  "provided,   that,  if  upon  any    distribution,  it  shall 


PUBLIC  LAW.1-" — Soldiers  and  Soldiers'  Families.  73 


-t  Hi'  indite 


appear,  that,  owing  to  tl  of  the  enemy,  or  other 

the  return  of  any  County   has  not  be  duty 

of  His  Excellency  the,  Governor,  to  retain,  and  hold   for  future 
livery  to  the  beneficii  h  county,  so   fail:!:-,  such  reae 

able  and  just,  proportion  of  the  fund,  as  he  may  deem   appropri 
winch,  he  shall  disl  ribul  :    uch  county. 

so  soon  as  practicable;  and  if,  at  any  time,  he  shall  receive  informa- 
tion, or  come  to  such  conclusion,  he  may  require  a  full  explanation 
and  report,  from  the  Justices  of  the  [nferior  Court  of  such  county, 
and  he  may  require  in  said  report,  that  the  said  Justices,  shall  si 
on  oath,  to  the  best  and  utmost  of  their  information  and  '  -lief, 
the  amount,  and  nature,  ofthe  aid  received,  and  ofthe  amount,  and 
nature  of  the  property,  held  by  any,  and  all  persons,  who  have 
been  allowed  to  become  beneficiaries  of  this  Act.  in  their  county. 

S.  Sec.  VIII.   Be  it  further  enacted,  That  in  all   cases,  where  it 
shall   be    the   desire   of  any  of  the  beneficiaries  of  this  Act,  to  re-  tu  mm  of  w. 
move  from  any  county  thereof,  he,  sins  or  they,  shall  have  the  right <mTooantyt« 
to  make  known  their  desire  to  the  Inferior  Court  ofthe  County,  of b^fidarieT 
his,  her,  or  their  residence:  Whereupon,  it  shall   be   the  duty   of1'3' 
the  Inferior  Court  to    pay    to    the  beneficiaries,  so    desiring  to  re- 
move, the  amount  of  money,  to  which  he,  she,  or  they,  is,  or    are 
entitled,  out  of  the  funds  already  apportioned,  and  paid  over  to  the 
Inferior  Court  for  that  county,  for  the  current  quarter;  and  also, 
forthwith  to  give  a  certificate  to  the  party  applying,  of  the  facts, 
which  shall  be    delivered  to  the  Inferior  Court  of  the  County,  to 
which    the    beneficiaries    may    remove  ;  Whereupon,  the  Inferior 
Courts,  of  both  counties,  shall  make  a  report  of  the  facts  to  the  Gov- 
ernor, who  shall,  in  the  next  quarterly  distribution  of  funds,  cause 
the  pro  rata  amount  to  which  said  beneficiaries  may  be  entitled,  to 
be  deducted  from  the  fund   to  be  sent    to  the  county,  from  which, 
h".  she,  or  they,  shall  have  removed,  and  distributed   to  the  coun- 
ty into  which,  In-,  she,  or  fehey,  shall  have  removed,  for  the  benefit 
of  such  beneficial 

9.  S  hereby  i 

of  the  * !  ran  l]  county,  ; 

the  ret  .  nents,  ol    t he   Infi 

u  ler  this 

ih  <■   - 

'i  in 
their 
10. 
pon 

. 

proper; 

this  ;>!  roller 

•  — :   an  I  •  rol- 

ler <  teiieral  shajl 


bo 


Preamble. 


$35,000  ap- 


74  PUBLIC  LAWS — Soldiers  and  Soldiers'  Families. 

l\:v;iu-nt  <>t  the  members  of  the  Fourth  Georgia  Brigade. 

ied  Upon  ail  other  property,  provided,  That  the  taxes  raised  under 
this  sectiou,  shall  become  a  part  of  the  appropriation  made  by  this 

. 
Sec.  XI.  Repeals  conflicting  laws. 

mted  to  Dec'r  14,  1S63. 

.',  i'a'-n.  page  49,  on  same  subject  matter  with  this  Act 

I.KK.) 

(No.  GS.) 

An  act  to  provide  for  paying  the  members  oftlie  Fourth  Georgia  Brigade, 
the  half  pay  still  dm  them,  for  the  time  they  were  in  the  service  of  the 
State,  and  for  other  pur  poses. 

A 

Whereas,  The  Fourth  Georgia  Brigade  was  called  into  service 
at  Camp  McDonald,  in  18(il,  and  were  then  held  in  service  at 
camp  two  months,  and  received  only  half  pay  for  the  said  time; 
and  whereas,  common  justice  requires  that  the  volunteers  who  com- 
posed said  Brigade  should  be  placed  on  an  equality  with  other 
troops,  who  have  served  the  State,  THEREFORE, 

11.  Sec.  I.  Be  it  enacted  by  the   General  Assembly  of  /he  State  of 
propriaWto  Qtorsia,  That  the  sum  ot  thirty-live  thousand  dollars,  or  so  much 

P"Y    4th  G».        •     t>      '  .  iii  •      i 

ad(5gfo*   thereof  as  may  be  necessary,  be,  and  the  same  is  hereby  appropria- 
ted,  to  pay  the  officers  and  privates  of  said  Fourth  Georgia  Brig- 
Ai8o, another a(je  ..11(i  a||  other  troops  not  paid,  who  were  mustered  into  the  ser- 

tnmp-     HUT.-  I  r  #  '  ,  _ 

uriy situated. vice  of  the  State,  ;ui  I  who  received  only  naif   pay,  their  remain- 
ing halt  pay;  so  that  each  one  when  so  paid,   shall  have  received 
his  full  pay  for  the  time  he  served  the  Stale,  according  to  the  law 
regulating  the  compensation  of  officers  and  privates  at  the  time 
they  served. 
Legal  repre-       12.  II.  And  be  it  further   enacted,  That  if  any  officer  or   private 
QWiue*Be belonging  to  said  Brigade  has  died,  or  may  hereafter  die,  without 
aSy^embe.  having  neeived  his  full  pay,  the  remaining  hall  stil'  due  him  shall 
entitled.       ^  p^  ^Q  ],j,,  \{,^A\  representative  or  representatives. 

\-'>.  Sec.  III.  Be  it  further  enacted,  That  the  Governor  shall ap- 

Gov.  to  6p*  ""  ■*• 

po'ni 'it?1- point  a  lit  and  propeV  Officer,   whose  dur-v  it  shall  be  to  audit  the 

Quartertnas-    I  Li.  *f  • 

terof  statet<>c|aims  oi  said   officers  and  privates,  and  keep  a  .lull  and  complete 
auaited,  and  record  oftlie  same,  which  shall  be  deposited  in  the  Executive  Of- 

retnm  vouch-  .  T   ,  ,    .  iiji  1111  •  l 

i:x-      nee;  and  that  wnen   said  claims  are  so  audited,  they  shall   be  paid 
by  the  Quarter  Master    General  of  the  State,  who  shall  take  and 
return  proper  vouchers  for  said  payment  to  the  Executive  Office. 
1-1.  Sec.  IV.  Beit  further  enacted,  That  the  amounts  that  may 
t^o'il-  dnnvnbe  found  due  by  the  Governor,  shall  be  paid  out  of  the  fund  here- 
on'     '       inbefore  appropriated,  or  any  other  funds  in  the  Treasury  not  oth- 
erwise appropriated. 

Sec.  V.  Repeals  contacting  laws. 
Assented  to,  Dec.  7,  1863. 


PUBLIC  LAWS — Soldiers  and  Soldiers'  Families.  75 

Georgia  Relief  and  Hospital  Association. 


(No.  60.) 
GEORGIA  RELIEF  AND  HOSPITAL  ASSOCIATION, 

An  act  to  appropriate  funds  to  the  uses  of  the  Georgia  Relief  and  Hospit- 
al Association,  and  jot  other  purposes. 

15.  Sec.  I.  T/ie  General  Assembly  of  the  Slate  of  Geoi-gi ado  «Mtf»J53!2d.mp" 
That  the  sum  of  Five  hundred  thousand  dollars  be,  and  the  same 

is  hereby  appropriated  and  set  apart,  to  the  uses  and  purposes  of 
the  Georgia  Relief  and  Hospital  Association;  to  be  expended  by  iTi'1,m'-vr<'ml" 
them,  subject  to  the  same  uses  and  limitations  as  provided  hi  the 
Act,  entitled,   "An   Act  to  appropriate  funds  to  the  uses  of  the 
Georgia  Relief  and  Hospital  Association,"  assented  to  December 
Twentieth,  one  thousand  eight   hundred  and  sixty-two,   with  this 
additional  proviso:  that  the   supplying    of  clothing  and  shoes  to Additional 
Georgia  soldiers  in  the  service  of  the  Confederate  States  and  of  thisprovi"°- 
State,  be  confined   by  the  Association,  in  their    discretion,  to  the  ^J'JS 
sick,  wounded,  and   such  destitute  Georgia  soldiers  as  cannot  rea- „* ^L^oe' 
sonably  obtain  these  articles  from  the  Confederate  Government,  or 
from  the  clothing  Bureau  of  the  State  of  Georgia. 

16.  Sec  II.  And,  be  it  further  eiiacted,  rl  'hat  the  time  of  holding  >,^u,,T"™ 
the  annual  meeting  of  the  Board  of  Superintendents  be  changed, eS&dEu&i. 
from  the  last  Monday  in  October,  in  each  year,  as  provided  in  the 

third  section  of  the  Act  of  December  12th,  1862,  to  the  first  Wed- 
nesday in  October,  in  each  year. 

17.  Sec.  III.  And  he  it  further  enacted,  That  in  accordance  with 
section  Fourth  of  an  Act  of  the   Confederate  Congress,  approved, 

May  first,  one  thousand  eight  hundred  and  sixty-two,  entitled,  " An ft*m. military 

Act  to  repeal  certain  clauses  of  an  Act,   entitled  an  Act  to  exempt 

i  '  i    and   cm- 

certain  persons  from  Military  service,  approved  October  eleventh,  p1*;- 

one  thousand  eight   hundred  and  sixty-two, V  the  necessary  agents 
and  employees  of  the  Georgia    Uelief  and   Hospital  Association, 
within  the  ages  of  Conscription,  shall  be  considered  officers  of  this 
Slate,  and  the  same  shall  be  and  are  hereby  exempted  from  Milita- 
ry duty  in  tin' Provisional  army  of  the  Confederate  States;  provided, rTcr,im**- 
not  more  than  two  are  exempted;  atid  provided,  the  Executive  Com- 
mittee, or  the  Oeneral  Superintendent  of  the    Georgia  Uelief  and 
Hospital  Association  shall   certify  to  the  Governor  of  Georgia,  in "',:;"ucd- 
each    particular  case  claiming  exemption,  that  the  agent  or  em- 
ployee is  necessary  to  carry  oi  sntly  the  pur]  the  or- 
ganization of  the  Association,  and  is  an  expert  in  the  special  duty 
to  which  such  agent  or  employe*'  may  be  assigned;  and  in  every 
such  <■;.-               ivernor  is  hereby  authorized  to  i             thatsuch 
agent  or  employee  is  an  officer  of  the  State,  engaged  in  the  due 
ministration  of  I               oment  and  laws  thereof,  and  as  such  i 
empted by  law  bom  Military  duty  in  the  der-1 ' 

as  provided  in    the  Act  of  tl  I  'ongrcss 

aforesaid. 


76 


^WS— State  Ho 


Skc.  IV.  And  he  Ufa  ,  iation 

be.  and  they  are  hereby    Authorized,  >ortion  of  the 


suppli  isary  for  the  purposes  of  the  charity  they  represent, 

and  for  that  purpose  they  are  authorized  to  adopt  Buch  means  as 
,   may  deem  must  expedient  for  running  the  blockade,  and  pro- 
line supplies  subject  to  the  laws  of  the  Confederate  Slates; 
ami  they  shall  from  time  to  time,  confer  with  the  Governor,  as  to 
the  best  means  of  accomplishing  this  object. 

1!).  Sac.  V.  And  be  it  further  enacted.  That  the  sum   appropria- 
ted by  this  Act,  is  hereby  authorized  to  bo   drawn   from  any  funds 


Api>'»  i 

drawn 

f 1 1 u (1  h   iu 

Xreasi  "  ^  j 

in  the  Treasury  not  otherwise  appropriated,  upon  the  warrant  or 

How    Jrawir.  •  111  'I 

warrants  of  His  Excellency  the  Governor,  to  be  drawn  by  linn  in 
accordance  with  the  provisions  of  an  act,  entitled  "An  Act  to  appro- 
priate funds  to  the  uses  of  the  Georgia  Relief  and  Hospital  Associ- 
ation,"' assented  to  December  12th,  1SG2,  as  the  emergencies  of  the 
business  of  the  Association  may  require. 
Sec.  VI.  Repeals  conflicting  laws. 
%  Assented  to,  Dec.  2,  1S63. 


TITLE  XIX. 


STATE  HOUSE  OFFICERS-CLERK?,  SALARIES,  &C. 


STATE   PRINTER. 


Sec.  1.  Salaries  of  Com.  Gen.   Treasurer  Mid 
Secretary  of  State  increased. 
"     2.  Preamble.   Stale  Treasury  allow  d  a 
Clerk.   Salary. 
:;.  Salary  ot  the  two  Clerks  of  Ex.  Dep't. 
increased.  Salaiy  of  R 
of  Ex.  Dep't,  increa 


•!.  Increase  <>f  salary  of  Clerk  in  Comp. 

's.  office. 
5.  Salnry  of  principal  keeper  in  Peniten- 
tiary nlary  of  Sup,t 
ilitary  Institute, 
ice  at  once. 


STATE  PRINTER.  (73.) 

Sec.  7.  State,  Printer  paid  30  per  cent  on  actual  cost  of  mal  labor.  Must  present  sworn 

count. 

(No.  70.) 

An  Act  to  increase  the  salaries    of  the    Comptroller  (Intend,  the  State 
Treasurer  and  the  Secretary  of  State,  after  the  expiration  of  the  present 

term  of  afire  of  the  incumbents. 

,eo«£i      Section  I.   The  General  Assembly  of  Georgia  do  enact,  That  from 

'r'sutc  and  after    the    seventh    day  of  December  next,    the  salary  of  the 

lucked.     Comptroller  General  shall  be    three  thousand  dollars;  that   from 

and  after  the    twelfth    day  of   December    next,  the  salary  of  the 

State   Treasurer   shall    be  three  thousand  dollars  ;  and  that  from 


PUBLIC  LAWS— State  House  Officers.  77 

Clerk  in  Statu  Treasury — Salaries  Sec'ya  Ex.  Dep.,  Keeper  of  Penitentiary,  &.ic. 

and  after  °the  twenty-ninth  of  November  instant,,  the  salary   of  the 
Secretary  of  State,  shall  be  three  thousand  dollars. 
Sec.  II.  Repeals  conflicting  laws. 

Approved  Nov.  2G,  1SG3. 

(No.  71.) 

An  Act  to  authorize  the  employment  of  a   Clerk  in  the  State    Treasury, 
and  t>>  provide  compensation  Jar  the  same. 


Preamble. 


Whereas,  from  the  issue  of  bonds,  Treasury  notes  and  change 
bills  by  the  State,  the  duties  of  the  Treasury  department,  have 
become  too  onerous  to  be  properly  discharged  by  one  person,  on 
which  account,  during  the  past  year  the  Governor  has  thought  prop- 
er to  allow  temporarily  the  employment  of  a  Clerk,  to  assist  the 
Treasurer  in  the  discharge  of  his  duties.  Andwhereas,  the  Treasu- 
rer in  his  annual  report,  suggests  that  a  permanent  Clerk.be  at- 
tached to  the  department  for  the  purposeof  receiving  and  recording 
coupons  and  bonds  falling  due,  and  the  discharge  of  other  duties 
incident  thereto,  and  connected  with  the  Treasury,  there/ore, 

2"  Section   1.   Be  it  enacted  by  the  General  Assembly  of  the  Stair  of 
Georgia,  That  the  State  Treasurer  be,  and  he  is  hereby  authorized  unr  niiowea 

•  •  a  clerk 

to  employ  a  suitable  person  as  Clerk,  to  assist  him  in  the  duties  of 
his  office,  and  to  remove  him  at  his  pleasure;  and  to  enable  him 
to  procure  the  services  of  a  competent  and  trustworthy  Clerk,  the 
sum  of  sixteen  hundred  dollars  is  hereby  annually  appropriated  forSaUu7, 
the  salary  of  said  Clerk,  to  be  paid  in  the  same  manner  as  other 
salaries  of  the  civil  establishment. 
Sec.  II.  Repeals  conflicting  laws. 

Assented  to  Dec.  7,  1SG3. 

(Xo.  1-2.) 

Act  to   increase  the  salaries  of  the  two  Secretaries  of  the    Executive 
Department  ;  the  salary  of  the  principal  Recording  Clerk  of  the  i 
ecutive  Department ;  the  salary  of  the  Clerk    oftfn   Comptroller  G<nr 
eraVs  Office  ;  the  salary  oflhekecpcr  of  the  Penitentiary,  and  the  sala-. 
ry  of  the  Supterintcndent  oj        G      ■'■■a  Military  Institute. 

I.  The- General  Assembly  of  tl 

i ■',  That  from  and  after  tho  7th  da;  i  ember  inst..  the  sala- 

ry of  the  tw  a  of  the    Ex< 

twenty-five  each,  per  annum  ;  and  that    (i 

after  i  he    7th  d 

i;<  >!,all  be 

five  hum  ted  dol  rs  per  i    oum. 

17th    18G2,   allow  ii  eral    a    ' 

ami  to  authoj  •  per  annum, " 


PUBLIC  LAWS— Taxes  and  Revenue. 


Increase  the  pay  of  State  Printer— To  raise  revenue  for  1864. 

salary  as  is  here  altowed  to  each  of  the  Secretaries  and  Recording 

Clerk  of  the  Executive  Department. 

saiaryorrnu      ').  ^i:c.  III.  Be  it  fin  ther  enacted,  That  from  mid  1'itcr    the   first 

lcL^ day  of  January  1864,    the  salary   of  the    principal  keeper  of  the 

Penitentiary  shall    be  two  thousand    live  hundred   dollars  per  an- 

Aho  salary „fiiuiii.     That  from  and  after  the  first  day  of  January  ISO  I,  the  sala- 

Sut*-      ry  of  the    Superintendent  of  the  Georgia    Military  Institute,  be 

three  thousand  dollars  per  annum. 
of  force  at       6.  Sec.  IV.  Be  it  further,  enacted,  That  this  act    shall  go  into  ef- 
fect from  and  after  its  passage. 
Sec.  V.  Repeals  conflicting  laws. 
Assented  to  Dec  7   18G3. 

STATE  PRINTER,    (No.  7:3.) 
An  Act  tn  increasctlic  pay  of  State  Printer. 

Whereas,  The  cost  of  material    used  in  printing,  and  all  labor 
have  advanced  to  such    an  extent,  that    the  State    Printer  cannot 
execute  the  work  required  of  him    by  the    present  law,    without 
great  loss  ;  Therefore,, 
state  Printer      7.  SeC  I.  Be  it    enacted  by    the    General   Assembly,  of  this  State, 
,r4dt.ouPaotu.That  the  State  Printer  shall  be  paid  thirty  per  cent  on  the  actual 
uudTcost  of  such  material  and  labor,  employed  in  such  public  printing, 
l"'r-  p-e>M*dcc7,  that  said   public  printer   before   being  paid,  shall   make 

out  an  account,  on  oath,  of  the  actual   cost  of  material  and    labor 
Mnrt  present  employed,  and  present  the  same  to  his  Excellency  the  Governor, 
aworu  acc't.  w{10  mav  anovv    or  reject  said   account,  or  any  part  thereof,  as  in 
his  judgment,  may  seem  right  and  just. 
Sec.  II.  Repeals  conflicting  laws. 
Assented  to  Dec.  11,  ISO::. 


TITLE    XX. 


TAXES  AND  REVENUE. 


Sec  1  Gov.  and  Omp.  Gen*l  to  assess  tns 
for  political  year  L864.  Not  exceed- 
ing one  pCT  cent .  on  all  taxable  pro 
perty,  estimated  in  Confedera 

rency.  ,    , 

«'  2  Until  taxis  collected,  Gov.  mny  nego- 
tiate loan,6ri8Sue  Treasury  Notes 
under  certaitfreatrictions. 

"  3  Specific  exemption  for  soldiers  in  ser- 
vice, their  widows  and  orphans,  dis 
abled  soldiers,  &c    Proviso. 

«  -i  Commissions  of  Tax  Receivers  and 
Collectors  graduated  by  net  am'tS  ot 
digests. 

"     5.   Of  force  immediately. 


Sec.  6.  income  tax  to  be  assessed  on  persons 
.-in  1  corporations.,  Specification  of. 
those' liable.  Net  income  to  be  ren- 
dered under  oath,  of  profits  over  S 
percent.,  from  the  1st  April,  l^W-i, 
to  the  1st  April,  lSiil. 

7.  Graduation  of  taxes. 

8.  Failure  or  refusal  to  make  return  Pen- 
itentiary offense.     Double  tax  also 

-ril. 

9.  Delinquent  officers  of  corporations  to  ■ 
be  punished. 

1(1.  Tax  Receivers  to  prosecute  for  all  fail- 
ures or  refusals  to  make  returns. 

11.  Preamble.  Lands  of  refugees  taxed 
one  per  cent  per  acre  . 


(No.  74.) 
An  Act  to  -provide  for  raising  revenue  for 
for  other  purposes. 


the  political  year  1864,  and. 


PUBLIC  LAWS— Taxes  and  Revenue.  79 


To  raise  revenue  tor  L864. 


1.  Section  I.  Be  it  enacted,  tip.,  That  it  shall  be  the  duty  of  the 
Governor  and  Comptroller  General,  in  assessing  the  tax  for  the  eii-oStoSS 
suing  year,  to  assess  and  have  collected  such   per  cent,  as   shall  be '" y^ffm. 
sufficient  to  raise  an  amount  of  money,  added  to  the  other  r&&our-*f*™ei; 
ces  of  the  State' to  support  the  Government  for  the  political  vear;:,"',,: 

1 864 ; ^'provided,  that  the  amount  raised  shall  not  exceed   one  per 'l 

cent,  upon  the  value  of  the  taxable  property  of  the  State,  estim;:-;;"'   ourrcn- 

ted  in  Confederate  Treasury  Xotes. 

2.  Sec.  11.   Be  it  further  enacted,  That  the  Governor  shall  be  an-  u„tHWa 
thorized  to  raise  the  money  necessary  to  meet  the  appropriate     ,        .;!;.„,.. 
till  the  tax  cainbe  collected,  by  negotiating  a  temporary  loan  torS^a-™- 
the  amount  needed,  to  be  paid  at  the  end  of  the  year  in  currency  ;Krwiw" 
or,  if  he  cannot  negotiate  such  loan,  he  may  have  issued  Treasury  ,tii,'li'-'Ils- 
Notes  of  this  State,  payable  in   Confederate  States  Treasury  Notes 

at  the  end  of  the  year;  and  the  Confederate  Notes,  when  collected 
for  taxes,  shall  be  deposited  in  the  Treasury,  and  remain  there 
redeem  said  notes  so  issued,  as  they  are  returned,  and  shall  not  be 
issued  or  used  for  any  other  purpose,  hi  ease  it  shall  become  ne- 
cessary for  the  Governor  to  issue  such  notes,  he  may  direct  that 
-.'hey  be  of  such  denomination,  and  for  such  amounts,  as  he  may 
think. nest. 

:;.  Sec.  III.  Be   it  further  enacted,  That  of  the  property   of  all    ' 
officers  and  soldiers  in  the  service  of  the  Confederate  States  for^V"**1 
three  years  or  during  the  war;  and  of  the  two  regiments   of  State 
troops  now  enlisted  tor  the  war;  of  the  widows  and  orphans  of  de-orPhau«|d.i8R,r 
ceased  soldiers;  and  widows  and  other  females  who    have   no  hus- 
bands, whose  sons  are  in  the  army,  upon  whom   they  are  depend- 
ent for  a  support;  of  all  disabled    soldiers,  whether  rendered  so  by 
wounds,  sickness,  or  other  cause,  while  in  said  service;  the  sum  of 
two  thousand  dollars  be,  and  the  same  is  hereby  exempt  from  tax- 
ation under  this  act;  provided*  that  the  exemption  contained  in  thisrr„viM1 
act  shall  not  apply  to  such  persons  whose  taxable  property  exceeds 
the  sum  of  ten  thousand  dollars. 

4.  Sec.  IV.  />'  it  furtlier  enacted,  Thai  in  the  assessment  and  col- 
lection of  the  General  State  Tax  fqr  LSG4,  no  Receiver  of  Tax 
lieturns  or  Tax  Collector  shall  receive  more  than  fifteen  hundred 
dollars  commissions  on  Baid  tax  ;  that  is  to  siy,  on  all  digests  thai 
net  ten  thousand  dollars  and  under  twenty  thousand  dollars,  not 
more  than  six  hundred  dollars  commissions  shall  be  allowed  to  each 
officer;  where  the  digests  ne  .enty  thousand   dollars  and 

under  forty  thousand  dollars,  not  more  than  eight  hundred  dollars 
shall  be  alio  each  officer;  thai  where  the  digests  net  over 

forty  thousand  dollars  and  under  sixty  thousand  dollars,  not   more 
chan  .one  thousand  dollars  shall  be  allowed  to  each  officer;  wl 
the  digesf  ;er  sixty  thousand  dollars  and  under  eighty  thou- 

sand   dollars,   the    amount    allowed   each   officer   shall    not   exceed 
twelve  hundred  dollars ;  and  that  wherethedigests.net  overeighty* 
thousand  dollars,  fifteen  hundred  dollars,  and  no  more,  shall  be 
lowed  to  each  officer  by  the  Comptroller  General  ;  and  that  in  al- 


80  PUBLIC  LAWS— Taxes  and  Revenge. 


Income   Tax   Act. 

lowing  these  officers  commissions,  the  Comptroller  General  be  di- 
rected to  allow  the  commissions  to  each,  according  to  the  schedule 
in  the  Code,  until  the  limits  above  stated,  as  to  commissions,  are 
reached;  alter  which,  the  limits  shall  be  the  whole  commissions 
allowed  for  each  net  digest  specified  in  this  section: 

5.  Sec.  V.  Be  it  further  enacted,  That  this  act  shall  go  into  effect 
offoreeim.  from  and  immediately  alter  its  passage. 

mediately,  g^  yj     Repeajs  conflicting  iaWS. 

Approved  Dec.  12,  1SC3. 

(No.  75.) 

An  Act  to  levy  and  collect  a  ta%  on  the  net  income  and 'profits  of  all  per- 
sons a. >i, I  corporate  bodies,  and  net  pnfits,  of  all  persons  making  in- 
comes, />>/  purchase  or  sale  of  any  property,  real  or  personal ;  upon 
the  net  income  of  all  Express  Companies,  Railroad  Companies  not 
empt  by  their  charters  from  taxation,  Insurance  Companies,  Brokers, 
Auctioneers,  all  persons  engaged  in  the  manufacture  of  iron  and  salt, 
and  cotton  <<  ulers,  and  upon  all  profits  arising Jrom  the  sale  of  goods, 
irares  and  m  > ,  groceries  and  provisions ;  also  on  the  incojne  or 

profits  of  all  persons  and  corporate  bodies  engaged  in  the  manufacture 
of  cotton  and  woolen  goods;  in  the  tanning  and  sale  of  leather,  and 
the  manufacture  and  sale  of  any  articles  made  thereof;  and  in  the  distil- 
lation and  sale  of  alcohol  or  spirituous  liquors  from  gi'ain  of  any  hind, 
or  from  ami  other  article  ;  and  to  appropriate  the  same,  and  to  punish 
all  persons  as  may  fail  to  give  in  their  income  or  net  profits,  and  for 
other  purposes. 

G.  Section  I.  The  General  'Assembly  of '  Georgia  t  do  enact,  That  all 

beM"««8d\m persons  and  bodies  Corporate  in  this  State,  all  persons  making  in- 
&mS»tio£.' come    by  purchase   or    sale    of  any  property,  real  or  personal,  all 
keepers  of   hotels,  inns  and  livery  Stables,   Express    Companies, 
Rail  Road  Companies,  not  exempt  by  their  charter  from    taxation, 
specification  Insurance  Companies,  Brokers,  Auctioneers;  all    persons  engaged 
Lie.11""  1:i"  in  the  manufacture  of  Salt,  all  persons  engaged  in  the  sale  of  goods, 
Wares  and  Merchandise,  Groceries  and  ]'ro\  isions  ;  all  persons  and 
bodies  corporate    engaged   in    the  manufacture  and  sale  of  cotton 
and     woolen   goods,  in  .  the  tanning  and  sale  of  leather,  and  in  the 
manufacture  and  sale    of  any   article    made  thereof,   and  all    per- 
sons engaged  in  the  distillation  or  sale  of  alcohol  or  spirituous  liq- 
uors from  grain  of  any  kind,  or  from  any  other  artie'e,  'when  they 
Net  income  to  llia^e  g  return  of  their   taxable  property,    shall  make  a  return  uii- 
oath,  ot  the  net  income  or  profitswhich   he,  she,  or  they,   may 
have   made  respectively  in  the  sale  or  manufacture  and  sale  of  any 

l.t  April,  ICG 1  ■    i  ,  i  i-i  i  c 

1  Apru,0j    the   articles    above  enumerated,  and  in  the  conducting  ot  any 
the  business  aforesaid,  from  the  1st  day  of  April   LQ63j  to  the  1st 
day  of  April  IS:.;i.  over  and  above    8  per  cent  on   the  capita!  em- 
ployed in  his  business. 


PUBLIC  LAWS— Taxes  and  Revenue.  81 


Income  Tax  Act. 


7.  Sec.  II.  Be  it  further  enacted,  That  in  all  cases  when  the  net 
incomes  and  profits,  over  and  above  the  eight  per  cent  on  the  cap- 
ital stock  so  excepted  as  aforesaid,  are  ten  thousand  dollars  or  less,  Graduation  of 
the  tax  shall  be  live  dollars   for  every  hundred    dollars  ;  upon  -all 
sums  not  less  than  ten  thousand  dollars  nor  more  than  fifteen  thou- 
sand dollars,  seven  and  a  half  dollars  upon  every  one  hundred  dol- . 
lars  ;  upon  all  sums  not  less  than  fifteen  thousand  dollars  nor  mote 
than  twenty  thousand  dollars,  ten  dollars   upon  every  one  hundred 
dollars;  upon  all  sums  not  less   than    twenty  thousand  dollars  nor 
more  than  thirty  thousand  dollars,  twelve  dollars   and   fifty   cents 
upon  every   one  hundred  dollars  ;    upon    all   sums   not  less  than 
thirty  thousand  dollars  nor  more  than  fifty  thousand  dollars,  fifteen 
dollars  upon   every  one  hundred  dollars;   upon    all    sums  not  lessFi.ii.m-  orre- 
than  fifty  thousand  dollars  nor  more  than  sevenfv  live  thousand  dol-retnm,  P«mt. 

,  i     li  1    ff  i  i         l      "     1     tcntiKry  of- 

lars,  seventeen  dollars  and  ntty  cents  upon  every  one  Hundred  uol-i 
lars;  upon  all  sums  not  less  than  seventy-five  thousand  dollars  nor 
more  than  one  hundred  thousand  dollars,  twenty  dollars  upon  ev- 
ery one  hundred  dollars  ;  upon  all  sums  of  one  hundred  thousand 
dollars  and  over,  twenty-five  dollars    upon  every  one  hundred  dol- 

I  "  x  Double  tar 

lars.  »iso  »9«('88<-d. 

S.  Sec.  III.  That  if  any  person,  or  bodies  corporate,  embraced 
in   tiie  first    section  of  this  Act.  shall  fail  or  refuse  to  make  a  re-    .. 

.  IViinmiPTitl 

turn  of  his,  her,  or   their  profits,  made  or  realized  as  aforesaid,  he,pffi<*p 

I  '  *  poratim.K    to 

she,  or  they,  shall  be  held  to  be  gujilty  of  a  nigh  misdemeanor,  and «*  po«i»&td. 
on  conviction  thereof,  shall  be  confined,  at  hard  labor,  in  the  Peni- 
tentiary, for  any  term  not  less  than  one  year,  nor  more  than  live 
years  ;  and  the  Receiver  of  Tax-returns  shall  assess  a  double  Tax 
on  all  taxable  income,  of  such  delinquent,  as  far  as  he  may  be  able 
to  ascertain,  upon  diligent  enquiry. 

9.  Sec.  IV.  That  if  the  officers  of  any  body  corporate,  whose 
duty  it  is  to  make  the  proper  returns,  required  by  the  provisions 
of  this  Act,  shall  fail,  or  refuse,  to  make  just  and  proper  returns 
of  all   profits,  or   net    incomes,  made  by  said  corporation,  or  shall 

cuter  and  charge  the    profits  in  the  extension   of  stock,   and  not  asTax  iwv- 
profits,   or   otherwise,  so  as  to   defeat  the  object  of  this  Act;  sueli.'-'t.-  S^S 
officer,  or  officers,  so  offending,  shall  be  guilty  of  a  high  misdemean-i^T^  "B.d 
or,  and  upon  conviction  thereof,  shall  be  confined,  at  hard  labor,  in     eI,tan* 
the  Penitentiary,  for  any  time  nol  less  than  two  nor  more  than  six 
years,  and  that  the  said  Receiver  oj  Tax-returns  shall  assess  a  double 
Tax  on  all  taxable  income  of  such  delinquent,  as  far  as  he  may  be 
able  to  ascertain  the  amount,  upon  diligent  enquiry. 

10.  Sec.  Y.  That  it  shall  be  the  duty  of  the  several  Tax-Re- 
ceivers of  this  State,  to  prosecute  all  parties  who  shall  fail,  refuse, 
or  neglect,  to  give  in  their  Tax,  as  required  by  the  provisions  of 
this  Act,  or  whom  they  may  have  good  reason  to  believe  have  not 
done  the  same  m  good  faith. 

Sec.  VI.  Repeals  conflicting  laws. 
Assented  to  Dec'r  L4, 16 

Tin-  "  [noome  Tu  A.  •»•»?. I  a  Tnx  on  tirome  and 

-.  from  the  1st  day  ol  April  1862,  to  la<  <\n\-  or  April  1863.    Tins  Art  impose!  a  Tax  t'uin 
1st  April,  18i'.:{,  to  1st  April  18c>l.  on  a  different  f»a»is  of  graduation.— Compiler. 

6 


82  PUBLIC  LAWS— Taxes  and  Revenue. 


Certain  lam!*  exempt  from  taxation. 


(No.  76.) 

An  Act  to  exempt  certain  lands  from  taxation. 

Whereas,  A  large  number  of  persons  in  various  parts  of  this 
rtawnfcie.     State  have  been  driven  from  their  homes  by  the  enemy,  and  have 
consequently  been  put  to  great  expense  and  much  loss  by  abandon- 
ing their  homes,  and  many  have  not  been  able  to  make  provisions 
for  the  support  of  their  families. 

11.  Section  I.  Be  it  enacted,  tyt.,  That. the  lands  of  such  persons 
&»id«  of  re-lyinS  m  the  counties  from  which  they  are  driven  by  the  public 
*T^cr"tntenemy»  oe>  anfl tne  8arneare  hereby  exempt  from  taxation,  except  a 
ftracre.      n0minal  tax  of  one  cent  per  acre. 

Sec.  II.  Repeals  conflicting  laws. 
Assented  to  Nov.  30,  1863. 


PART    II. 


PRIVATE  AND  LOCAL  LAWS. 

Title  I  — CITIES  AND  TOWNS. 

„  II.— CITY  COURTS. 

«  III.— CORPORATIONS. 

«  IV.— COUNTY  LINES. 

"  V.— COUNTY  REGULATIONS. 

<  VI.— EDUCATION. 

"  VII— RELIEF. 

"  VIII.— TAXES. 


PART  If.   PRIVATE  AND  LOCAL  LAWS. 
TITLE  I. 

CITIES  AND  TOWNS. 
ATLANTA,  (No.  77.) 


sec.    1. 


Corporate  limits  of  Atlanta,  extender) 
so  a.  to  include  Lot  of  Land  >"o.  21, 
in  1  ttli  District,  of  originally  Henry, 
now  Fulton  county,  purchased  for  n 
Cemetery. 

Salary  of  Mayor— how  fixed.  Provi- 
so. Salary  of  City  Council  for  1864, 
and  thereafter;  how  determined. 

Mayor  aad  Council  to  have  power  of 
regulating  retail  of  ardent  spirits, 


under  restrictions.  Power  as  to  The- 
atrical Companies,  Shows,  &c.  Au- 
thorized to  tax  Commission  Merch- 
ants, and  Auctioneers,  negro  broker* 
and  traders  generally. 

4.  In  absence  of  Mayor,  three  members 

of  Council  may  fine  for  violation  of 
any  City  Ordinance. 

5.  Bonds  of  City  Officers,  how  estimated 

and  approved. 


COLUMBUS,  (No.  78.) 


Marshalj  Deputy  Marshal.   Clerk  ofl 
Council  and  Sexton  of  City  of  Co| 


lumbus,  to  be   elected    by  general 
ticket. 


DAWSON,  (No.  79.) 


President  and  City  Council  authoriz ■] 

ed  to  tax   Shows,  and  issue  retail  li  ' 

,    under    certain    restrictions 


Itinerant   traders.    How  fines    and 
taxes  collected. 


M       .    and  Aldermen  of 
Griffin, the  fi;st  Wednesday  in  I)e- 


GRIFFIN,  (No.  SO.) 

oember  of  each  vear. 


LAWRENCEVILLE,   (No.  81.) 


ate  limits  of  Lawrenceville  ex 
led. 

ave  same  | 
as  Justice   "I  the  Peace,  as  to  evi- 
dence, trial  aid  commitment.    Pow- 


ers and  duties  of  President.    Com- 
pensation. 
"  11.  Additional  compensation  may  be  al 
luwed  to  President  by  Coma 


MARIETTA,  (No.  82. 


"  L2.  Taxation  of  citiaens  limited.  tioned  on  application. 

"  13.  Street,  and  Road  duty  may  be  apporH     "  It    Offorce  from  Jan.  let,  1864. 


SPRIN(iI'LACE,  (No. 


"  1.0.  Commissioners  authorized  to  issue  re  I      "  10.  Selling  without  licence,  bow  panisbed. 
tail  licence  uuder  restrictions. 


86  PRIVATE  AND  LOCAL  LAWS— Citibs  and  Towns. 


Amend  acts  incorporating  the  city  of  Atlanta. 


(No.  77.) 

An  Act  to  alter  and  amend  the,  several  acts  incorporating  the  city  of  At- 
lanta.* 

crp..rat,.         *•  Section.  I.  Be  it  enacted,  That  immediately  after  the  passage 

SJSlTi,^.  of  this  act,  the  limits  of  the  city  of  Atlanta,  be  extended,  so  as  to 
^iottonfn' include  a  parcel  of  land  situate  on  lot  of  land,  number  twenty-one, 
i^Ditf21*1  m  t'ie  fourteenth  District,  of  originally  Henry,  now  Fulton  coun- 
H^*n»w  ty'  containing  one  hundred  and  sixty  acres;  recently  purchased  by 
^SlLSffor the  Mayor  and  Council   of  said  city,  for  a  Cemetery,  the  line  to 
■  «M»rtwy.   commence  at  the  present  corporation  line,  near  the  South-east  cor- 
ner of  Atlanta  Cemetery,  and  to  run  in  a  South-east  direction,  tin- 
til  it  strikes  the  line  of    said  parcel  of    land,  and  thence  to  run 
around  the  East  and  South    lines  of  said  land,   to  the  South-west 
corner  of  the  same,  and  thence  in  a  North-western  direction  to  the 
present  corporation  line,  including  said  parcel  of  land  and  the  land 
lying  between  it  and  the  present  corporation  line  within  said  city. 
sj^yof  2.  Sec.  II.  Beit  further  enacted,  That  the  City  Council  of  At- 

»faq^how  ]anta,  or  a  majority  of  them  now  in  office,  shall  have  power  and 
authority  to  fix  the  salary  of  the  Mayor  for  next  year;  and  the 
Council  of  any  year  hereafter  shall  have  the  power  to  fix  his  salar 
jtvri^  ry  for  the  subsequent  year,  provided  said  salan  ball  not  exceed  the 
sd«r  of  sum  of  Twenty-five  hundred  dollars;  and  City  ( 'ouncil  for  the  year 
2S&h™l'  Eighteen  hundred  and  sixty-four,  shall  each  receive  for  their  serv- 
kSTSStSm.  *ces  a  sum  of  not  exceeding  two  hundred  dollars,  the  amount  to  be 
*"*-  determined  by  the  present  Council;  ana1  each  Council  hereafter  to  fix 

the  amount  to  be  received  by  their  successors,  not  to  exceed  the 
sum  of  two  hundred  dollars  each,  "perannum." 
m«*n- <rad  3.  Sec*  III.  Be  it further  enacted,  That  the  Mayor  and  Council  of 
amreVwerofsaid  city  shall  have  full  power  and  authority  to  regulate  the  retail 
uiio.«JSimtof  ardent  spirits,  within  the  corporate  limits  of  said  city;  and  at 
jSwidiwM." their  discretion,  to  issue  license  to  retail,  or  to  withhold  the  same, 
and  to  fix  the  price  to  be  paid  for  license  at  any  sum  they  may 


*  Incorporated  as  MA11THASVILLE,  23  Dec.  1843,  p.  83. 

Name  changed  to  City  of  "ATLANTA,"  29  Dec,  1817,  p.50, 

Charter  amended  23  Feb.,  1850.     Pain.  p.  90. 

Charter  amended  as  to  election  of  Marsha!  and  Deputy  Marshal,  20  Jan.  1852.    Tarn.  p.  386. 

Taxation  on  persons,  property  and  professions,  authorized  Juu.  22, 1SG2.    Pam.  p.  387.. 

Limits  extended  Fob.  20, 1854.    Pam.  p  21 3. 

Charter  amended  as  to  power  of  Mayor  oud  Council,  over  sale  and  disposition  of  ardonA 
spirits,  March  3, 1856.    Pam.  p.  395.  . 

Kepealod  Dec.  21,  1857.    Pam,  p.  1GG. 

City  Court  established,  March  5.  1856.    P.  245. 

Election  of  Mayor  and  Council,  changed  from  3d  Monday  in  January,  to  3d  Wednesday.  De- 
cember 12, 1859,  p.  31. 

Mayor  and  Council  authorized  to  take  possession  of  and  improve  ground  about  general  Pas- 
senger Depot.   Nov.  23.  1850.  Pam.  p.  128. 

Charter  amended  so  tliat  Mayor  and  Six  Councilmen  may  make  a  quorum.  May  pass  Or- 
dinances as  to  sale  of  spirituous  liquors  to  negroes  and  free  persons  of  color, — suppression  of 
disorderly  houses  and  of  il-fame; — and  of  disorderly  conduct  and  breaches  of  the  peace.  De- 
cember 20, 1860.  Pam.  p.  90-91. 

Charier  amended,  so  as  to. make  election  of  Mayor  and  Council,  on  the  the  first  Wednesday 
of  December  in  every  year.  Vacancy  of  Mayor."  City  tax  Collector  and  Receiver.  Market. 
Street  duty  and  tax.  Jail.  Fees  of  Officers.  Limits  extended.  Dec.  6, 1861.  Pam.  page  89",  90 
and  91. 


PRIVATE  AND  LOCAL  LAWS— Cities  and  Towns.  87 

Amend  Charter  of  the  City  of  Columbus— Amend  act  incorporating  town  of  Dawson. 

think   proper,  not   exceeding  two  thousand  dollars.     Said  Mayor  r„u.,.ra9t. 
and  Council  shall  also  have  power  to  pass  such  Ordinances  as  they  com^nu*, 
may  think,   proper,   in  regard  to  granting  or  »ot  granting  licenses *how*>k* 
to  theatrical  companies,  or  performers,  or  for  shows,  or  other  ex- 
hibitions, provided  the    price  to    be  paid  for  such  licenses    when 
granted,  shall  not  exceed    two    hundred  dollars  for  each  perform- 
ance or  exhibition;  and  said  Mayor  and    Council  shall   also   have 
power  and  authority  to  levy  sach  tax  as  they  may  think  right  and  Antborized 

•  I  •       >  l  a  i^  to  tax  eom- 

proper  on  all  commission  merchants.  Auctioneers,  or  negro  13 ro-miMion  ■>«■ 
kers,  or  traders  within  said  city,  not  exceeding  two  per  centum  onuXeV'lfce. 
the  amount  of  their  sales. 

4.  Sec.  IV.  Beitfurtlicr  cmcted,  That  the  Mayor  of  said  city,  or  M»y»r,  th™. 
in  his  absence,  three  members  of  Council  when  sitting  as  a  Court, ceo^c™mav 
shall  have  the  power  to  impose  a  line  of  not  exceeding  five  huu-^  of  any 
dred  dollars  for  the  violation  of  any  Ordinance  of  said  city. 

5.  Sec.  V.  Be  it.  further  enacted)  That  said  Council  and  Mayor,  B«mai  of  city 
shall  be  authorized  to.  fix  the  amount  of  all  bonds  to  be  given  by«rttmate«^3 
the  various  officers  of  said  city:  and  to  adjudge  of  and  approve  the"" 
same. 

Sec.  VI.  Repeals  conflicting  laws. 
Assented  to,  Nov.  20,  1863; 

(No.  78.) 

An  Act  i.o  alter  and  amend  the  charter  and  prescribe  the  mode  oj  electing 
Marshal,  Deputy  Marsfutl,  Clerk  oj  Council,  and  Sexton  tn  the  city  of 
Columbus. 

6.  Section  I,  Be  it  enacted  by  the  General  Assembbj  of  Georgia,  Mar»hai,D«» 
That  from  and  after  the  passage  of  this  Act,  it  shall  be  lawful  forjf  "c^ncH* 
the  citizens  of  the  city  of  Columbus  to  elect  by  general  ticket,  a^-'XS 
Marshal,  Deputy  Marshal,  Clerk  of  Council  and  Sexton  ;  which  £  l]££!XF* 
election  shall  be  held  at  the  Court-house  in  said  city  on  the  second ,ickct- 
Saturday  in  December  in  each  and  every  year,  in  the  manner  pre- 
scribed by  law.* 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  Dec.  7,  1SG3. 

For  mode,  of  electing  above  named  citv  officer*,  an  heretofore  prescribed,  sec  Pam.  Acts  of 
1*62  ft,  3,  pages  ffi  an! 

(No.  70.) 

An,  Act  to  amend  the  sixth  section  of  an  Act  entitled  an  Act  to  incorpo- 
rate the  town  of  Dawson,  in  the  county  of  TerrtUt  and  to  provide  for 
the  election  <>/  President,  Coitncilmen  and  Marshal  for  the  sane,  and 
for  other 'purp 

7.  Section  1.  The  Central  Assembly  of  the  State  oj  Georgia  do  en- 
act. That  from  and  after  the  first  day  of  January  next,  the  sixth 
section  of  the  above  recited  Act,  be  bo  amended  as  to  read  as  fol- 


PRIVATE  AND  LOCAL  LAWS— Cities  and  Towns. 

Amend  Ant  incorporating  the  city  of/Griffin — Extend  the  limits  of  the  town  "t'  Lawrenioeville. 


pr.-wrrttrJows,  to-wit  :  That  s a i <  1  President  and  Council  shall  have  power  to 

tax  all  shows  in  said  town    of  Dawson,   performing  there  for  the 

tem^wiul purpose  of  gain  j  to   is%ue   license  to  retail    spirituous   liquors  in 

"rta*n'nr-r    Baid  town,  and  to  charge  for  the  same  a  sum    not  exceeding  four 

Btnctiou.     thousand  dollars  ;  and  the   said   retailers   of  spirituous  liquors  in 

said  town  shall  also  comply  with  the  law  now  in  force,  as  to  bond 

iterant  t»-  an j  Q^x  .  ^]e  ga|j  presjdent  and  Council  shall  have  power  to  tax 

How  Bnei    itinerant  traders  in  said  town,  and  they  shall  have  power  to  enforce 

?faedIt5Col'tbe  collection  of  taxes,  fines  and  penalties,  in  such  manner  as  they 

shall  see  proper.* 

Sec.  II.  Repeals  conflicting  laws. 
Assented  to  Nov.  IS,  1SG3. 

"For  6tli  Section  of  Act  incorporating  the  town  of  Dawson,  amended  and  changed  by  this 
Act,  See  Laws  of  1857,  Pain,  pages  174-5. 

(No.    SO.) 

*  .        .        ,  .  J 

An  Act  to   amend  the  first  section,  of  an  Act  incorporating  the  city  o 

Griffin,  assented  to  Feb.  ISth,   1S54. 

E!e»tio»  or       S.  Section  I.  Be  it  enacted  by  the  General   Assembly  of    Georgia, 
demcnof  A1"That  the  first  section  of  an  act  incorporating  the   city   of  Griffin, 
u^'^8' assented  to  February  ISth,  1S54,*  be  so  amended,  that  the  election 
Iw?  jceariu   f°r  Mayor  and  Aldermen  of  the  city  of  Griffin  shall    take  place  on 
the  first  Wednesday  in  December,  1S63,  and  every  year  thereafter, 
instead  of  the  first  Monday  in  April,  all  laws  to  the  contrary  not- 
withstanding. 

Assented  to  Nov.  24th,  1863. 

Tor  section  of  Act  amended,  see  Pain.  Acts  1853—4,  pages  2  '.'•    3. 

(No.  81.) 

•  '  An  Act  to  extend  the  corporate  limits  of  the  town  of '  hairrcucmUe  in  the 
county  of  Gwinnett ;  to  increase  the  powers  of  the  Board  of  Commission- 
ers of  said  town,  and  to  provide  for  the  compensation  of  their  President. 

corporate         9,  Section  I.  Be  it  enacted,  kc,  That  the   corporate   limits  .  of 

renceyiiieex-the  town  of  La  wrenceville,  in  the  county  01  Gwinnett,  be,  and  the 

same  are  hereby  extended  to  the  distance  of  one    half  of  one  mile 

from  the  Court-house  in  said  town,  in  every  direction. 

commission-      10.  Sec.  II.'  Be   it  further  enacted,  That   the   Commissioners  of 

£meVw«.  said  town,  or  a  majority   of  them,  when   sitting  as  a  board,  shall 

Feace,1'.?  to  have  the  same    power  which   Justices   of  the  Peace  now  have  in 

dSTSw'thia  State,  to  hear  evidence  in  all  cases  of  alleged  violation  of  the 

■nitment.      pena]  ]av^s  0f  j-njs  State,  committed  within  the  corporate  limits  of 

said  town,  and  to    discharge,    bind  over  to  the  Superior  Court,  or 

commit  to  jail  personsso  charged,  in  their  discretion,  as  such  Jus- 

*S3e7V>?nd  tices  may  do  ;  and  that  the  President  of  said  Board  shall   have  the 

President.    same  p0wer  on  affidavit  made  before  him,   to  issue  his  warrant  fox 


PRIVATE  AND  LOCAL  LAWS— Cities  and  Towns.  89 


Amend  Act  milking  Marietta  a  city. 


the  arrest  of  persons  so  charged,  and  to  prepare  and  sign  all  neces- 
sary commitments  or  other  processes  and  papers  which  such  Jus- 
tices have  in  similar  cases  ;  and  it  shall  be  the  duty  of  the  Jailor 
of  said  county  to  obey  all  precepts  and  processes  issued  by 
such  President  as  if  issued  by  a  Justice  of  the  Peace  ;  and  it  shall 
be- the  duty  of  such  President  to  return  all  recognizances'  and  pa- 
pers by  him  so  taken  to  the  Superior  Court,  as  such  Justices  are 
now  required  by  law  to  do;  and  for  such  services  the  President  ofc<raipoIlf(1. 
said  Board  shall  have  the  same  fees  and  costs  which  are  now  allow-tiou- 
ed  to  said  Justices  for  such  services,  and  to  be  collected  in  the  same 
manner. 

Hi  Sec.  III.  Ami  br  k  further  enacted,  That  it   shall  be  lawful 
for  the  Commissioners  of  said  town,  or  a  majority  of  them,  to  pro-Additi™»1 
vide  for  and    allow    the    President  of  their  Board  such  other  and «^ be»now- 
further  compensation    for   his   services,  as   a   conservator   of  thet>ye«>m'i». 
Peace  and  otherwise,  within  said  town,  as  they  from   time  to  time 
may  direct.  m 

Sec.  IV.  Repeals  conflicting  laws. 

Assented  to  Dec.  12,  1S63. 

(No.  82.) 

An  Act  to  amend  an  Act  of  the  Georgia  Legislature,  approved   the  22</ 
day  of  January,  1S52,  making  Marietta  in  said  Stale  a  city.* 

12.  Section  I.    The   General    Assembly  do   enact,  That   for   the Taxatiem  ,f 
year  1864;  it  shall  not  be  lawful  forthe  Mayor  and  Councilmen  of  the^tizon'Umit- 
city  of  Marietta,  in  said    State,  to  levy  a    tax    on  the  citizens  and 
property-holders  of  said  city,    exceeding  one-twentieth  of  one  pet- 
cent. 

1.3.  Sec.  II.  That  when  any  person  in  said  city,  liable  to  street  or 
road  duty  in  said  city,  shall  make   application    to  the   Mayor   and 
Council  of  said  city  lor  a    proportion     of  streets    or   roads  within roldduty 
the  limits  of  s;  id  city  for  himself  and    hands  to  work  and  keep  inumed  «ft£ 
repair,  they  shall  parcel  off  to  each  applicant  some  equal  and  just      . on' 
yjortion  of  said  streets  <>r  roads,  to  be    increased    or  diminished  ac- 
cording to  ihe  number  of  hands,    or   according    to    the  amount  of 
taxes  paid  by  said  applicant  to    said  city,    to  be  judged  of  by    the 
Mayor    and  Council  of  said  city. 

14.  Sec.   HI.    Beit  further  enacted,  That .this  Act  shall  take  effect  _.,      , 

„  •'  Or  r*r*«  from 

from  and  after  ihe  lirst  day  ol  January  next.  i.t j*ii.,ibw. 

Sec.  IN'.  Repeals  conflicting  laws. 

Assented  to  Dec  14,  L8< 
"For  Act  of  incorporation  ai  {«3«4-5-6.  Iti 


90  PRIVATE  AND  LOCAL  LAWS— City  Courts. 

Commissioners  of  Spring  Place  authorized  to  issue  license — Judge  of  City  Court  cf  Augusta. 

(Xo.  S3.) 

An  Act  to  alter  and  amend  an  Act  entitled  an  Act  to  authorize  the  com- 
missioners of 'Spring-Place  in  Murray  county  to    issue   license  for  the 
retail  of  spirituous  liquors,  and  to  fix  the  amount- of  the  license  for  the- 
same,  and  to  punish  for  selling  without  license,  assc?itcd  to  Decembei 
\:i/h,  1861. 

Ftori£ato'i*.      *<*•  Section  I.  Be  it  enacted,  That   the  Commissioners   of  :he 
«n.eetuuL  town  of  Spring-place;  in  Murray  count)',  are  hereby  authorized  to 
reotriotiuos.    jssue  license  to  retail  spirituous  liquors  therein,  and  to  charge  and 
collect  for  the  same  as  they  may  think  best,    not  exceeding  three 
thousand  dollars  per  year,  lor  each  license. 
s»iu>g  witu-      16.  Sec.  If.  Be  it  further  enacted,  That  all  persons  who  shall  re- 
w  punish- tail  spirit UOU8  liquors  within  said  towri  without   license  from  said 
Commissioners,   shall  be  punished  as  now  provided  by  law  for  re- 
tailing without  license. 

Sec.  III.  Repeals  conflicting  laws.  • 

Assented  to  Nov.  2G,  1S63. 


TITLE    II. 


CITY  COURTS. 
AUGUSTA,    (No.  84.) 

Sec.  »I.  Jndpje  of  City   Court  empowered   tcl  invested  with  power  in  case  of  pos- 

isane  writs  of  Habeas  Corpus,  and  sessory  warrants.    Proviso. 

try  the  same-    Judge  of  city  Court  | 

SAVANNAH,  (No.  86.) 

Sec.    2.  Repeals  clause  requiring  Justices  of]    "    3.  J.P.'s  for  1st,  'Jnd.  33  and  4th  Dints., 

may  hold  their  offices  in  any  part  of 
the  fit}*. 


the  Peace  to  hold  their  offices  in  theii 
respective  Districts 


(No.  S4.) 
An  Act  to  confer  certain  powers  upon  the  Judge  of  the  City  Court  of  Au- 


juducor  city  1.  Section  I.  The  General  Assembly  of  the  State  of  Georgia  do 
^re7;9ie. enact,  That  from  and  after. the  passage  of  this  Act,  the  Judge  of  the 
hobe^orpiuCity  Court  of  Augusta  shall  have  power  in  all  cases  arising  within 
^e.ry  the  the  corporate  limits  of  the  city  of  Augusta,  to  issue  writs  of  Habeas 
Corpus?  and  to  hear  and  dispose  of  the  same;  and  to  discharge, 
admit  to  bail,  or  remand  to  jail  any  prisoner,  according  to  his  dis.- 


PRIVATE  AND  LOCAL  LAWS— Corporations.  91 

Jurisdiction  of  the  Justices  <u  the  Peace  in  Savannah — Nav.ie  of  Alliens  Steam  Co.  changed. 


cretion,  and  the  law  of  the  land,    whether  the   Judge    of  the  Su- 
perior Court  be  present  or  absent  ;  said  Judge  shall    have  concur- A1,0  inTe8(. 
rent  jurisdiction  with  the  Judge  of  the  Superior   Court,    Justices Sjpinf 
of  the  Inferior  Court,  and  Justices  of  the  Peace  of  the    county  of^™^ 
Richmond,  in  all  matters  appertaiing  f<>  the  issuing  of  possessorry 
warrants,    and    the    proceedings  thereon;  provided,    that   nothing rrovi». 
herein  contained  shall  be  construed,  so  as  to  lessen,  or  take  away 
the  powers    of  the  Judge  of  the  Superior  Court,    Justices  of  the 
Inferior  Court?  or   Justices  of  the  Peace  of  Richmond  county. 
Sec.  II.  Repeals  conflicting  laws. 

Assented  to  Dec.  7th,  186.3. 

(i\o.  S5.) 

An  Act  to  alter  and  amend  an  Act  entitled  an  Act,  to  repeal  an  Act  to 
extend  the  civil  jurisdiction  of  the  Peace  in  the  city  of  Savannah,  and 
for  other  imrjwses,  assented  to  17th  February,  1854. 

2.  Section.  I.-  Be  it  enacted    by  the  General  Assembly  of  Georgia, RPp«a]g 
That  from  and  after  the  passage  of  this  Act,  the  following  clause u""Urt?cir 
in  the  several  sections  of  the  above  recited  Act,  to-wit :  and  theytoWdtltS 
are  hereby    required  to   hold    their   Courts,  and  keep  their  offices to^ch™*** 
within  the  limits  of  the  districts  for  which  they  have  been  respec-d"tncU' 
tively  elected,  be,  and  the  same  is  hereby  repealed.* 

3.  Sec.  II.  And  be.  it  further  enacted,  That  it  shall  be  lawful  forj  P,iforlit 
the  Justices  of  the  Peace  for   the  first,    second,  third,  and  fourth m.^  »n<nth' 

j.  .  .  dis'U  may 

districts,  composing  the  city  of  Savannah,  to  hold  their  offices  and1!*1''  *«•» 
Courts  in  any  part  of  said  city.  p**  °r  *» 

Sec.  III.  Repeals  conflicting  laws. 

Assented  to  Nov.  2Stfi,  1SG3. 

"See  Pain.  Acts  1S53-4,  p.  325. 


TITLE  III. 


CORPORATIONS,  (No.  86.) 

JHec.     I.  Ifameof  the  Athens  Steam  CompanylSer.    2.  Capital  stock  increased. 
changed. 

(No.  86.) 

An  Act  to  change  the  name  of  the  Athens  Steam  Company,  to  the  "  Athens 
Foundry  and  Machine  H'orls,"  and  to  increase  (he  capital  of  (he 
same. 

1.  Section  I*  The  Gcncud  Assembly  oj   Georgia  da   enact,  That 


92  PRIVATE  AND  LOCAL  LAWS— County  Lines,  &c. 

Change  county  liae  between  Stynter  an<J  Terrell— Compensation  of  lYti:  Jurors  in  Emanuel  county. 

Nau-.e.r  Atb-tlie  name  of  the  "Athens  Steam  Company"  of  Clarke;   county,  be 

Co- changed  to  the  "Athens  Foundry  and  Machine  Works."* 
capital  Btock      2.  Sec.  II.   Be  it  further  enacted,  That   the  capital   stock  of  said 
Company  may  be  increased  one  hundred   thousand   dollars,  under 
the  restrictions  and  liabilities  contained  in  its  charter. 
Sec.  II.  Repeals  conflicting  laws. 
Assented  'o  Dec.  IS,  1SG3, 

r  Act  of  incorporation,  see  Pam.  Acts  1853-4.  pages  383-4. 


incrca««ii. 


TITLE   IV. 


COUiNTY  LINES. 

Sec.     1.  Change  of  Conty  Line  between  Sumter  and  Terrell. 

(No.  87.) 

An  Act  to  change  the  county  line  between  Sumter  and  Terrell  counties;  to 

make  Kinchafoonee  Creek,  the  line  between  said  counties  of  Sumter  and 

Terrell,  and  for  other  purposes. 

1.  Section.  I.  Beit  enacted,  fyc,  That  from  and  immediately  af- 
countV  line  ter  the  passage  of  this  act,  that  Kinchafoonee  Creek,  shall  be  the 
uraud  Trr-  dividing  line  between  the  counties  of  Sumter  and  Terrell,  and  all 
that  portion  of  Sumter  that  lies  on  the  South-west  side  of  said 
creek,  shall  be  attached  to  and  become  a  part  of  Terrell  county; 
and  all  that  part  of  Terrell  that  lies  on  the  North-east  side  of  said 
Kinchafoonee,  shall  be  added  to  and  become  a  part  of  the  county  of 
Sumter. 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to,  Dec.  11,  1863. 


TITLE  V. 


COUNTY  HEGULATIONS. 
EMANUEL  CO.,'  (No.  88.) 

Sec.     1.  Repeals  Act  of  I860,  allowing  compenl      "    2.  Of  force  from  1st  Jan.  1861. 
sation  to  Petit  Jurors. 

Mcintosh  co.,  (No.  89.) 

"    3.  Sheriffs  bond  of  Mcintosh  county,  fixed  at  $10,000. 

WAERE.N  CO.,  (No.  -90.) 

"     4,  Infr.  Court  of  Warren  county  authorized  to  levy  taxes  without  recommendation  of 
Grand  Jury. 

(No.  88.) 

An  Act  to  repeal  the  second  section  oj  an  act  entitled  an  act  to  compensate 
officers  and  Free-holders  for  their  services  for  holding  gtneral  elections 
and  county  elections,  in  the  county  of  Emanuel;  also,  to  compensate 
Petit  Jurors  in  said  county,  assented  to  December  8th,  I860. 
1.  Section  I.   The  General  Assembly  of  Georgia  do  enact,  That 


PRIVATE  AND  LOCAL  LAWS— County  Regulations.        93 


Bond  of  the  Sheriff  of  Mclutosh  county  reduced — Inferior  Court  of  Warren  county  to  levy  taxes. 

the  second  section  of  the  above  recited  act,  relative  to  the  compen- SSKniirtJ 
sation  of  Petit  Jurors,  be  and  the  same  is  hereby  repealed.*  to^StjSSn? 

2.  Sec.  II.  Be  it  further  enacted,  That  this  act  shall  take  effect,  0f  f<m.e  fTOm 
and  go  into  operation,  from  and  after  the  first  day  of  January  next.1,tJ,n,,1W1, 

Sec.  III.  Repeals  conflicting  laws. 

Assented  to,  Dec.  96,  1S63. 

•See  Tarn.  Acts  of  1860.  P.  157. 

(No.  89.) 
An  Act  to  reduce  the  amount  oj  the  bond  of  the  Sheriff  of  Mcintosh  county. 

3.  Section  I.  Be  it  enacted,  Sfc.,  That  from  and  after  the  passage  sllPriff.gb<M)d 
of  this  act,  the  bond  to  be  required  of  the  Sheriff  of  Mcintosh  covin- ^,M^ued0'aht 
ty,  shall  be  ten  thousand  dollars,  in  lieu  of  twenty  thousand  dol-*10-000- 
lars,  as  heretofore  required  by  law. 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to,  Dec.  14,  1SG3. 

(No.  90.) 

An  Act  to  amend  an,  act  entitled  "An  act  to  authorize  the  Justices  of  the 
Inferior  Courts  of  the  several  counties  in  this  State,  from  time  to  time, 
in  their  discretion,  to  levy  such  extra  tares  as  they  may  derm  necessary  to 
equip  Volunteer,  or  other  soldiers  from  their  respective  counties,  and  to 
provide  for  the  indigent  families  of  soldiers;  to  authorize  the  collection 
of  the  same;  and  to  legalize  their  previous  action  in  the  premises,  and 
for  other  purposes,  approved  Nov.  29,  1861,  so  as  to  except  the  count// 
<f  Warren,  from  the  2d  section. 

4.  Section.  I.   The  General  Assembly  of  the  State  oj  Georgia  do 

enact,  That  the  2d  section  of  the  before  recited  act  be  amended,  so!.nf-  Cmi*  of 
as  to  strike  out  Warren  county   from  said  section:  the  intent  and  !",,hor:z"'1  to 
meaning  of  this  act  being,   that  the  Justices  of  the  Inferior  Court  wi,',out/r- 
of  Warren  county,  may  levy  taxes,  and  do  any  other  act  contera-5°nof  anaA 
plated  in  said  before    recited    act,  without  the  rcommendation  of 
the  (-land  Jury  of  said  county. 
SbC.  II.  Repeals  conflicting  laws. 

Assented  to,  I  >ec.  11,  1863. 


94 


PRIVATE  AND  LOCAL  LAWS— Education. 

Greensboro1  Female  College— Johnson  Academy. 


TITLE  VI. 


See. 


Sec. 


EDUCATION. 
GREENSBORO  FEMALE  COLLEGE,  (No.  91.) 

1.  Greensboro   Female  College  author  Sec.    2.  Title  how  conveyed, 
ized  to  sell  all  its  real  and  personal 
property  to  iiav  debts. 

-JOHNSON  ACADEMY"  OF  WALTON  CO.  (No.  92;) 

4 


3.  Preamble.     Act  of  Dec.  25th,  1821,  as  Sec 
to  Acndemv  in  Walton  co  ,  contin- 
ued in  force!  Named  "Johnson  Acad-Sec 

cany." 


Commissioners  confirmed.  May  re- 
ceive bequests  .and  donations. 

1st  and  2nd  Sees,  of  Act  I)hc.  25th i 
1 821  in  force.    3rd  Section  repealed. 


(No.  91.) 


Title,   how 


An  Act  to  authorize  the  Greensboro  Female  College  to  sell  their  i/Topcrty, 
real  and  personal,  for  the  payment  of  their  debts. 

oreemw  1.  Section  I.  Be  it  enacted  by  the  General  Assembly,  That  the 
E^uSrt  Greensboro  Female  College  in  Greene  county,  be,  and  they  are 
Cu  i-.rwdaU  hereby  authorized  and  empowered  to  sell  and  dispose  of  all  and 
^y°to1pPoyP" singular,  their  real  and  personal  property,  in  such  a  manner  as  they 
debts.  m  5eem  expedient  for  the  purpose  of  paying  their  debts  and  lia- 
bilities. * 

2.  Sec.  II.  And  be  it  further  enacted,  That  the  Trustees  of  said 
College,  by  their  President  or  other  officer  by  them  appointed  for 
the  purpose,  shall  have  full  power  to  convey  and  make  titles  to 
any,  and  all  of  said  property,  to  any  person  or  persons,  or  body 
corporate  whatever./ 

Assented  to  Dec.  14th,  1863. 

(No.  92.) 

An  Act  to  amend  and  continue  in  force  an  Act  entitled  tin  Act  to  ap- 
point Commissioners  for  the  county  Academies  of  Walton,  Gwinnett, 
Hall,  Habersham,  Rabun,  Warren  and  Pulaski,  and  to  incorporate 
the  same,  assented  to  25th,  December,  1821,  so  far  as  the  comity  Acad- 
emy in  Walton  is  concerned,  and  for  a! far  purposes. 

Whereas,  Nehemiah  Johnson,  late  deceased,  of  Walton  county, 
did  by  his  last  will  and  testament,  make  a  liberal  bequest  to  the 
county  Academy  in  Walton  ;  which  fund  is  withheld  by  the  Exec- 
utor of  said  Johnson's  estate,  because  the  charter  of  incorporation 
is  supposed  to  have  been  forfeited  by  non-user. 

3.  Section  I.  Be  it  enacted  by  the  .  General  Assembly  of  Georgia, 
°°4?\S»That  the  provisions  of  the  Act  heretofore  recited,  be,  and  the 
coT.,ncontinu-same  are  hereby  recognizedias  valid  a:.d  operative,  and  shall  be  so 


rr«jmbl». 


Act  of  Dec, 
25, 1821,  a»  to 


PRIVATE  AND  LOCAL  LAWS— Relief.  9* 


Relief  of  Harriet   M.  R.  Montmollin. 


continued,  so  far  as  regards  the  county  Academy  in  Walton  :  andv     ,  , . 

istinctive.  name  was  given  by  the  charter,  said    corporation*""  Ac,uiea,J- 
shall  be  hereafter  known  as  the  "Johnson  Academy." 

4.  Sec.  II.  Be  it  further  enacted,  That   Ralph  Briscoe,  Eli   A. 
Smith,  William   W.  Newell,  John  Felker  and  Rufus  Hughes  are ™£j&. 
hereby  recognized  and  confirmed  as  Commissioners  of  said  Acade- 
my, a  majority  of  whom  shall  constitute  a  Board  for  business  ;  and 

are  hereby  empowered  to  receipt  for  arid  receive  the  bequest  here-^™''^ 
inbefore  recited,  and  any  other  gift  or  bequest  which  may  be  madedjuation"- 
to  said  Academy  ;   and  to    use    and    appropriate    the   same  as  has 
been,  or  may  hereafter  be  directed,  by  any  donor  or  testator. 

5.  Sec.  111.  He  it  further    enacted,  That   all  the  rights,  powers  i«t  ami&ui 
and  privileges  conferred   by    the  first  and    second  sections  of  the D&i'un!- 
Act,  of  which  this  is  amendatory,  are  hereby    continued  and  fully 
vested  in  the  Commissioners;  and    that    the    third  section  of  said 3d*w.repe«i. 
Act  is  hereby  repealed,  so  far   as  the   Academy  in  Walton   is  con-"'' 
eerned."* 

Sec.  IV.  Repeals  conflicting  laws. 

Assented  to  Dec.  14th,  1863. 

*See  Dawson's  Compilation  p.  '.'. 


TITLE    VII. 


RELIEF. 


I.  Refund^  oVer-payment  of  tax  for  1863[Sec.  4.  Preamble.    Executoi                     Da- 

toAdmr'x.  of  estate  of  Jno.S- Mont-  vis,  resident   in   S.  Ca.,  authorized 

mollin,  dec'd.  Warrant  on  Treasury,  to  qualify  and  carry  out  Lis  will  in 

'•    2.  Legalizus  the  marriage  of  the  parties  tin's  Stute. 

named.                                                 "  5.  Refunds     overpayment    of  taxes    by 

An  inbar  of  any  prosecution.      '  Westley  Sheffield  of  Miller  < 

•    (No.  93.) 

refund  to  Harriet  M.  R.  Montmollin,  Administratrix  on  the 
estate  of  John  S.  Montmollin,  late  of  Chatham  county,  deceased,  the 
amount  of  a  double  tax  paid  by  her  for  the  year  L8<  'liatham 

county* 

[on  I.  Beit  enacted,  §c,  That  whereas  the  returns  of  the 
property  of  said  estate  in  Chatham  county,  not  having  been  made! 
from  unavoidable  causes,  and  the  said  Administratrix  having  paidj 

a  double  tax  of  three  hundred  and  fifty-seven  dollars  in  consequence  ^His"*"'' 
thereof,  that  the  Governor  of  the  State*  ria  be   requested  wa»«*  « 

to  draw  his  warrant  on    the  Treasury,    in  favor  of  said  Kan  "^^ 

R.  Montmollin,  Administratrix,  for  the  amount  of  one  hundred  and 


96  PRIVATE  AND  LOCAL  LAWS— Relief. 

Relief  of  James  T.  Patterson  and  Kite  15.  Patterson — James  Ravenal  and  S.  Pi  Ravenal. 

seventy-eight  dollars    and    fifty  cents  ;  the  sum  paid  by  her,  over 
and  above  a  single  tax  on  s;iid  estate. 
Sec.  II.  Repeals  conflicting  laws. 

Assented  to  Dec.  14,  1863. 

(No.  94.) 

An  Act  for  the  relief  of  Jamts  T.  Paterson  and  Kate  B.   Paterson. 

Whereas,  James  T.  Paterson  and    Kate   B.  Paterson  intermar- 
ried under  the  impression  that  John  H.Talbird,  a  former  husband 
of  the  said   Kate  B.  was  dead    at.  the  time  of  said  marriage,  and 
whereas,  doubts  now  exist  whether  or  not  the  said  John  H.  is  alive, 
•         therefore, 

2.  Section  I.  Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  State  of  Georgia,  That  the  said  John  T.  Paterson  and 
Kate  B.  Paterson,  formerly  Kate  B.  Talbird,  of  the  county  of 
Richmond,  be,  and  are  hereby  relieved  from  all  the  pains  and  pen- 
alties under  existing  laws,  in  consequence  of  said  marriage. 

3.  Sec.  II.  Beit  further  enacted,  Sfc,  That  this  Act  may  be  spe- 
cially plead  in  bar  to  any  prosecution  against  either  or  both  of  said 


Legalize*  tli<- 
marriage  of 
the    parties 
Bamed. 


This  act  in 
bur  of  aDy 
proseeution. 


parties. 

Assented  to  Dec.  11,  1S63. 


Preamble. 


(No.  95.) 

An  Act  to  relieve  James  Ravcnul  and  Samuel  Priolau  Ravenal,  of  the 
State  of  South  Carolina,  nominated  Executors  of  Ross  C.  Davis,  de- 
ceased, from  legal  (Inability  on  account  of  non-residence,  and  for  oth- 
er purposes. 

Whereas,  Ross  C.  Davis,  a  citizen  of  Charleston,  South  Caroli- 
na, while  temporarily  sojourning  with  his  family  in  Richmond 
county,  departed  this  life  testate,  leaving  as  his  Executors  his 
friends  James  Ravenal  and  Samuel  Priolau  Ravenal,  of  Charleston, 
South  Carolina  ;  and  whereas,  the  family  and  a  considerable  por- 
tion of  the  estate  of  said  deceased,  are  in  this  State,  and  it  is  earn- 
estly desired  that  said  Executors  Bhall  prove  the  will  of  said  de- 
ceased, and  qualify  as  Executors  in  this  State  as  well  as  in  South 
Carolina,  which  cannot  be  done  without  a  special  enabling  Aet, 
therefore, 

4.  Section  I.  The  General  Assembly  of  the  State  of  Georgia  do 
c^^reA- therefore  enact,  That  James  Kavenal  and  Samuel  Priolau  Kavenal, 
S«rL-.i 'io of  Charleston,  South  Carolina,  be,  and  they  are  hereby  relieved 
car^oT his  from  all  legal  disability  resulting  from  non-residence,  and  they  are 
hereby  authorized  and  empowered  to  prove  said  will  of  Ross  C. 
Davis,  in  the  county  of  Richmond,  and  to  qualiTy  as  the  Executors 
thereof;  and  upon  the  issuing  of  letters  testamentary,  to  do  any 


will  in  this 
St»te. 


PRIVATE  AND  LOCAL  LAWS— Taxes. 


97 


Relief  of  Westley  Sheffield— Extra  tax  in  Chatham  county. 


and  all  things  appertaining  to  the  carrying  out  of  said  will,  in  as 
ample  a  manner,  as  if  they  were  citizens  of  this  State,  subject  how- 
ever, and  in  conformity  with  the  laws  of  this  State. 
#Sec.  II.  Repeals  conflicting  laws. 

I  am  informed  that  the  parties  at  interest  consent,  to  the  passage 
of  this  bill,  and  I  therefore  assent  to  it,  this  24th,  Nov.  1863. 

JOSEPH  E.  BROWN,  Governor. 


(No.  96.) 

An  Act  far  the  relief  of  Westley  Sheffield,  of  Mi/in-  county,  and  to  ap- 
propriate mono/  fur  the  same. 

WhebbAS,  by  an  Ac!  assented  to  December  14th,  1861,  an  ap- 
propriation was  made  to  reimburse  Weatlej  Sheffield  the  amount 
of  State  tax  overpaid  by  him  in  Lb6l>, ,in  Miller  county;  which 
*  money  is  withheld,  the  receipt  showing  payment  by  West,  ^\\ei'- 
field,  instead  of  Westley  Sheffield  ;  and  being  satisfied  that  it  is  a 
mistake  in  the  name  of  the  same  person. 

•1.  Section  I.  The  General  Assembly  do  enact,  That  the  amount --of  iufjuacovei 
State  tax  so  overpaid  by  Westley  Sheffield,  of  Miller   county,  be, 
and  the  same  is  hereby  appropriated  to  the  said  Westley  Sheffield,  ^IT'II'mui^ 
and  that  the  Governor  issue  his  warrant  on  the    Treasury  for    tlie'""l,my- 
same,  for  the  reimbursment  of  said  Sheffield. 

Assented  to  Dec.  11,  1863. 


TITLE  VIII. 


TAXES. 


Sec.  I.  Iufr.  Court  of  Chatham  authorized  to 
levy  an  extra  tux,  and  on  what  ba* 
.sis.  Amount  of  extra  tax, 
"  2.  Amount  raised  to  be  used  in  paying 
bouse  rent  of  families  of  indigent 
soldier*  in  service.    Proviso. 


Sec.  3.  Compensation  of  Tax  Collector  and 
Clerk  Interior  Court  for  additional 
services  under  this  Act. 


(No.  97.) 

An,  Act.  to  authorize  and   require  the  Inferior  Court  of  Chatham  county 
to  levy  and  collect  aji  extraordinary  tax  for  certain  purposes  therein 

mentioned. 

1.  Section  I.  /»'<  it  enacted,  tyt.,  That  the  Inferior  Court  of  the rhr 
county  of  Chatham,  or  any  three  Justices   of  said   Court,  be,  ondc,»t.h"™1"- 
they  are  hereby  authorized  and  required,  to  levy  immediately  after  i-vy'^ertm 
the  passage  of  this  Act,  an  extraordinary  tax  upon  the  inhabitants ***»£ 
7 


93  PRIVATE  AND  LOCAL  LAWS— Taxes. 

Extra  tax   in  Chatham  couuty. 

of  said  county,  (over  and  above  the  State  'and  county  tax,)  upon 
Amouit  of  the  tax  digest  of  the  present  year,  and  each  succeeding  year,  not 
ex*™**.  .J.Q  excee,j  the  sum  of  ten  thousand  dollars  each  and  every  year,  for 
the  space  of  three  years;  which  said  tax  shall  be  collected  by  the 
Tax  Collector  of  said  county,  and  shall  be  paid  over,  when  collec- 
ted by  said  Collector,  to  the  Justices  of  the  Inferior  Court  of 
Chatham  county,  to  be  by  them  applied  to  the  purpose  hereinafter 
set  forth  ;  provided,  that  should  the  existing  war  between  the  Con- 
federate {States  and  the  United  States  end  sooner  than  the  term  of 
three  years  above  mentioned,  the  collection  of  said  tax  shall  thence- 
forth cease. 

2.  Sec.  II.  And  be  it  enacted  by  the   authority    of  the  same,  That 
when  the  said  sum  of  ten  thousand  dollars  shall  have  been  collec- 

Am-traiFcdtoted  each  vear,  and  paid  over  to  the  Inferior  Court  as  aforesaid,  the . 
paying  ho"s_e said  Court  shall  appropriate  the  same,  or  so  much  thereof  as,  may 
Heaof  ina?-"'be  necessary,  to  the  payment  of  house  rents  of  the  indigent  lami- 
SDee4icc!ere]ies  of  soldiers  in  the  Confederate  army,  resident  in  the  county  of 
Proviso.  Chatham;  provided,  that  no  rent  shall  be  paid  which  shall  exceed 
the  sum  of  eight  dollars  and  thirty-three  cents  per  month. 

3.  Sec.  III.  The  Tax  Collector  of  said  county  of  Chatham  shall 
compere-  receive  two  per  centum  for  collecting  the  above  tax  ;  and  the  Clerk 
cou^to^aud  of  the  Inferior  Court  of  Chatham  county  one  per  centum  for  re- 
f'rV^tionalceiving,  and  one  per  centum  for  paying  out,  the  said  sum  of  money 
dt^tfaVact.  collected  by  the  above  tax,  according  to  the  direction  of  said  In- 
ferior Court.  » 

Assented  to  Nov.  IS.  1SC3. 


RESOLUTIONS 

ADOPTED    BY 

THE  GENERAL  ASSEMBLY 

OF  THE 

STATE    OF    GEORGIA, 

AT   AN 

ANNUAL  SESSION  IN   1863. 


COMPLIMENTARY. 


No.  1.  Expressive  of  confidence   in  the  Pn-si  j  "    2.  Thanks  to  General   Bragg  and  his   ar- 
dent, and  gratitude  for  his  services.  |  my. 
Gov.  to  transmit  copies. 

FASTING  AND  PRAYEU. 

No.  3.  Setting    apart   a   day  for  lasting   audi  "     ).  Sermons. of  Ministers  requested  for  pub- 
prayer,  lication. 

IMPRESSMENTS. 

No.  ■">•  Requesting  thai  citizens  of  their  Respective  counties  in  the  Suite,  not  liable  toconscrip- 
liun,  be  appointed    Impressui 

MAIL  ROUTES. 

No.  6.  Certain  mail  route  recommended.  INo.  9.  ( lertau  ln;iil  route  recommended. 

.. 

MILITARY  AND   CIVIL  OFFICERS.     ' 

No.  11.  Civil  and  Military  officer*  of  the  State,  exemptfrom  ootweriptioa. 

PROSECUTION  OF  THE  WAR, 

No.  12.  War  to  be  prosecuted  with  vigor.     Copies  to  be  transmitted. 


100 


RESOLUTIONS. 


Confiidence  in  President  Davis. 


SOLDIERS  AND  SOLDIERS   FAMILIES. 


No.  13.  Requesting  relief  of  indigent  families 
or  soldiers  from  Tnx  in  Kind. 
"    11.  Recommending  free  transportation  of 
soldiers  on  furlough. 

"     15.  As  to  pay  of  detailed  volunteers. 


Xo.  16.  Requesting  Congress  to  pass   laws  al- 
lowing volui  teen  to  elect  their  own 
Fit-id  find  Company  *  Ifficers. 
"    17.  Increase    pny   to    privates    and  non- 
commissioned officers  recom  men  ded 


SUPPLIES  AND  PROVISIONS. 


No.  18.  Supplies  of  provisions  and  transporta- 
tion to  be.  furnished  certain  counties, 
on  conditions. 

"     19.  Spun  yarns'  to  be    furnished  soldier's 


families  in  counties  unsnpplted. 
20.  The  pro-rata  of  each  count}',  to  be  fur- 
nished  without  reference  to  price  of 
yarns. 


TAXES. 


No.  21.  Requesting  appointment  of  citizens  in 

their  respective  counties  to  collect 

tax  in  kind. 
"    22.  Purchase  of  tax  in  kind  in  ceitu 

iic>  recommended. 
"    23.  SuspenBionof  the  Actas  to  tax  in  kind 

recommended  in  certain 


Joint  Committee  on  Finance  requested 
tor<  portan  tax  act  en  bracing  the  ad 
valorem  and  net  income  principles. 

"  25.  Increase  ol  1  depots  on  lines  oFRail  Road 
recommended,  to  receive  tax  in  kind. 

"  26  Tax  payers  to  make  returns  of  number 
uf  sheep  and  dogs  «wued. 


TROPHIES. 

9 

No.  27.  Acknowledgement  of  battle  Bags,  and  how  disposed  of. 

VOLUNTEER  NAVY. 

No.  23.  Volunteer  Navy  encouraged. 

WESTERN  AND  A.  R.  ROAD. 


No.  29.  Committee  appointed   to  inyestigatelNo.  30.  Certain  books  to  be  furnished  Auditor, 
condition.  '  "     31.  Relative  to  passage  and  freights. 

MISCELLANEOUS. 


No.  32.  Respect  for  tlie  services  and  memory 
of  Capt.  T.  G   Raven. 

"  33.  Consolidation  of  certain  standing  com- 
mittees, 

"  T4.  Consolidation  of  certain  standing  com- 
mittees. 


freunble." 


Xo.  35.    Appointment  of   Committee  of  Cou" 

t'erence  on  Jlilitia  BUI. 
"  36.  Changes  in  Code  to  be  arranged  in  an 
Appendix. 


(No.  1.) 

A  resolution  expressive  of  vnahalcd  confidence  in  the  ability,  devotion  and 
enlightened  patriotism  of  the  President  of  the  Confederate  States. 

Whereas,  His  Excellency,  Jefferson    Davis,  President   of  the 
Confederate  States,  for  his  unselfish   patriotism,  and  untiring   de- 
votion to  the  interests  of  the  whole  country,  in  this  trying  period 
,  of  our  country's  history,  is  entitled  to  the  gratitude  of  the  people, 
and  the  commendation  of  every  enlightened  -patriot.     Therefore, 

be  it,  . 

Resolved,  by  the  Senate  and  House  of  Representatives  in   Uencral  As- 


RESOLUTIONS.  101 


Thanks  to  Gen.  Bragg— Pasting  and  prayer. 


scfnbhj  met,  That  the  State  of  Georgia,  fully   appreciating  the  one- 
rous trials  and  arduous    duties* devolving   upon    the  Chief  jVlaffis-E*?-T*iTe?r 
trate  of  the  Confederate  States  ;  and    reaMzing  his    patriotic  devo-j^JS^v 
tion  to  the  whole  country,  and  his  self-denying   sacrifices;  tender^J^™! 
to  him  the  assurances  of  unabated  confidence,  and  an    unalterable 
determination  to  sustain  him    in  his  efforts  to  conquer   an  honora- 
ble peace,  and  maintain  the    liberties  of  the  nation. 

Resoked,  That  His   Excellency  the  Governor,    be  requested  to  got.  to tmuv 
transmir  to  His  Excellency  the  President,  a  copy  of  the  foregoing ",itrowr- 
preamble  and  resolutions. 

Approved  Nov.  24.  1SG3. 

(No.  2.) 

The  General  Assembly  of Georgia  do  resolve,  That  acting  for  and  «  • 

in  behalf  of  the  people  of  the  .State,  wejiereby  tender  our  sin  cere  Thankgto 
and  grateful  thanks  to  General  Braxton  Bragg,  and  the  oiIicers,(*eu  Br"«fc 
and  soldiers '01  his  entire  command,  including  each  and  every  one 
of  their  gallant  countrymen,  b}'  whom  they  have  been  from  time 
to  time  reinforced,  for  the  highly,  meritorious  services  they  have 
rendered  to  the  Confederacy,  and  especially  in  guarding  the  ap- 
proaches to  Georgia;  and  for  the  brilliant  victory  which  they 
achieved  over  the  Feperal  army  at  Chickamauga.  Of  this  great 
army  it  may  well  be  said,  that  their  patience  has  only  been 
equalled  by  their  courage.  It  is  difficult  to  say  which  should  be 
most  admired  in  the  history  of  its  campaigns — that  Fabian  strate- 
gy, sustained  by  patient,  brave  endurance,  which  avoided  general 
engagements  until  all  things  were  ready — or  the  chivalric  valor 
which  carried  the  tide  of  battle  against  the  stubborn  invaders  of 
our  scil. 

Resolved  further,  That  the  Governor  be  requested  to  transmit  a  SoJoSigate 
copy  of  these  resolutions  to  General  Bragg,  in  order  that  they  may  £e"\ !!,v.s|by 
be  communicated  to  the  Army. 

Approved  Nov.   11,  ISO:!. 

(No.  3.) 

Resolved  by  the  Senate  and  House  of  Representatives  of  the  Stair  <>t 
Georgia  in  General  Assembly  met,  That  in  view  of  our  national 
calamity  8 fid  distress,  it  is  the  solemn  duty  of  all  the  people  of 
these  Confederate  States  to  bumble  themselves  before  Gk>d,  and 
with  penitence  for  our  past  sins,  national,'  Bocial  and  individual  ; 
and  with  an  honest,  earnest  desire  to  obey  His  laws:  implore 
through  the  merits  of  our  Saviour,  His  forgiveness,  and  plead  for 
wisdom  to  guide  us;  Therefore  be  it, 

R   oleed,  That   we   cordially   concur  in  the  recommendation  of  sat**  »mrt 
His    Excellency  Joseph  El.  thrown,    Governor  of  this  State,   t hatband  pr.j- 
Thursday,  ths    loth  day   of  December   n-vf,    be,  and    said  day  is"' 
hereby  set  apart,  as  a  day  of  fasting,  humiliation  and  prayer;  that 


102  '        RESOLUTIONS. 


Drs.  Hi^gins  dud  Marsliall— Impressing  Officers — Mail  lionte. 


the  Congress  of  the  Confederate  States,  the  Legislatures  ofthe 
different  States,  our  army  and  Navy,  and  all  the  people,  be,  and 
are  hereby  respectfully  requested,  to  unite  with  us  in  a  strict  ob- 
servance of  the  day. 

Approved  Nov.  17,  18G3. 

(No.  4.) 

A  Resolution  to  appoint  a  joint  committee  to  secure  copies  ofthe  strmojis 
delivered  by  the  Rev.  Drs.  Higgins-  and  Marshall,  on  fast  day, 

Resolved  by  the  General  Assembly,  That  the  joint  committee  ap- 
MMMttript  pointed  to  mate  arrangements  for  the  observance  of  fast  dav,  be 
i>™.M«™t)<.u requested  to  wait  on  the  Rev.  Dra.  Higgins  and  Marshall,  and  ask 
requerted  lor 0f  them  the  manuscript  sermons  delivered  by  them  on  Thursday 

yju1>u  cation.  *■  ,  ,  .  * 

last  \  and  that  two  thousand  copies  ofthe  same,  be  printed  for  the 

use  of  the  General  Assembly  ;  and    that  they  be  printed   within 

To  he  p«yeatvvo  weeks,  and  that  the  expenses  ofthe  same  be  paid  for   out  of 

from  contm-  •  .       '  _  l  A 

eartfcnd.     the  contingent  tund,  by  the  Governor. 
Assented  to  ^)ec.  14,  1SG3.         * 

(No.  5.) 

A  Resolution  to  revoke  the  appointment   ofjmprcssment  oncers,  and  ap- 
point citizens  in  their  stead. 

Whereas,  rJ*he  impressment  law,  passed  by  the  Congress  of  the 
Confederate  States,  has  been  greatly  perverted  and  violated  by  the 
impressing  officers,  and  those  professing  to  be;  by  reason  of  which 
many  ofthe  citizens  of  this  State  have   been  greatly  harrassed,  de- 
frauded, and  willfully  wronged,  Therefore, 
s<m-  or  war     B°  it  resolved  by  the  Qeneral   Assembly  convened,  That  the  Secreta- 
Sokfa'n  L°  'T  °f  War,  be,    and  he  is  most   respectfully  requested,   to  revoke 
p»iutmentKof^ie  appointment  of  all  the  impressing  officers    of  this   State  liable 
iZ™\™  n-  to  conscription,  and  to  have  appointed  in  their  place  and  stead,   in 
•p°i>«ibie«-iti- counties  where  it  may  be  necessary  to  make  impressments  to  feed 

xrafl  of  each  J  *  A  .    . 

ST«'u:Xn-"an^  support  our  gallant    armies,  one  or  more    responsible  citizens^ 

"cription.     not  liable  to  military  duty,  residing  in  the  counties  respectively. 

cpy  re»oiu-     Resolved  further ,  That  His  Excellency  the  Governor   be  request- 

^y^1*5   ed  to  forward  a  copy  of  these  resolutions  to  the  Secretary  of  War 

2S^X™  immediately,  and  to  furnish  .each  of  our  .Senators  and  JRepresenta- 

4*c«ur<™..  tives  jn  Congress  with  a  copy  ofthe  same. 

Approved  Nov.  23,  1863, 

\ 

(No.  G.) 

Whereas,  There  is  no  regular  Mail  route  in  the  county  of 
Charlton,  and  in  consequence  thereof  the  citizens,  of  said  county, 
are  almost  entirelv  destitute  of  Mails.     And  whereas,  the  soldiera 


RESOLUTIONS.  103 


Establishment  <>f  Mail  Routes. 


in  the  army  from  said  county,  could  communicate  with  their  fam- 
ilies regularly,  if  said  route  was  established. 

Be  it  therefore  resolved  by  the  Senate  and  House  of  Representatives  of 
the  State  of  Georgia,  in  General  Assembly  met,  That  our  Senators  and 
Representatives  in  the  Confederate  Congress,  be   requested  to  use  R(,p.M;uCotl. 
their  influence  to  have  a  Mail  route  established  from  No.  9,  At.an-SX^^ 
tic  and  Gulf  Road,  twice  a  week,   going  and  returning,  by  way  0ftabliBhe<i- 
Center  Village, to  Tuoders  Hill,  Charlton  county,  Georgia. — Thence    • 
by  way  of  Howardville,  to  Baldwin  in  the  State  of  Florida. 

Assented  to  Nov.  12,  1863. 

(No.  7.) 

Resolution  to  establish  a  Mail  route  between  Clarkstille  and  Dahlonega, 
by  way  of  Blue  Creek  and  Cleveland;  and  from  Athens,  Georgia,  to 
Auburn,  in  Gwinnett  county,  via  Jug  Factory  in  Jackson  county,  and 
Gf.  W.  Smith's  Store,  in    Walton  county. 

Whereas,  It  is  important  to  the  public  welfare,  that  a  line  of 
Mail  communication  be  established  between  Clarksville,  and  Dah- 
lonega,  Georgia,  by  way  of  Blue  Creek,  and  Cleveland;  and  from 
Athens,  Georgia,  to  Auburn,  in  Gwinnett  county,  via.  Jug  Facto- 
ry, in  Jackson  county,  and  G.W.Smith's  Store,  in,  Walton  county; 

Therefore,  be  it  resolved  by  the  S<  f/fc  ami  House  of  Representatives  o/senators  end 
the  State  of  Georgia,  That  our  Senators  and  Representatives  in' the  gran  * 
Confederate  Congress,  be,  and  they  are  hereby  respectfully  request-m«iJ°  ™teW 
ed  to   use   their   influence,    in  obtaining  the  establishment  of  said  vX  to  Dab- 
Mail  communicatio"n. — That  a  ropy  of  this  resolution  be  furnish- 
to  the  Honorable    Hardy  Strickland,  Representative  of  the  Ninth 
Congressional  District  of  Georgia. 

Assented  to,  Nov,  30th,  1SG3. 

(No.  S.) 

A  Resolution  requesting  On  establishment  of  a  certain  Mail  route  in  this 
St. 

Whereas,   The  Mail  route   leading   frpm   Douglass,   in  Coft'ee 
county,  to  Forest,  in  Clinch  county,  of  this  State,  has  been  chang- 
ed, to  th  inconvenience  of  a  large  portion  of  the  people  of 
those  COuntii 
■  Thei  'led  by  th<  SenaU  and  House  oj   Representatives  inumAm  or 
General  Assembly  met,  That  our  members  in  Congress,  be  requested  \  '?"£'£" 
to  use  their  influence  to   have  a  Mail  route    established,  running^.'.' "from 


from  Douglass,  in  Coffee  county,  to  Forest,  in  Clinch  county,  ii 

this  State,--  r.id  to  establish  a  Posl  Office/a!  Overstreet's  Mills;  al-STSShKi 


n,.uKi-. 

i  rtiblinlied 


so,  a  Post  <  >ffi  1  Mills; — both  of  which  are  directly  on o.rt«tn  |><,st 

.  ,  office*. 

said  route. 

Assented  to,  Dec.  11th,  1963. 


104  RESOLUTIONS. 


Establishment  of  Mail  limites— State  officers  exempt  from  conscription. 


(No.  9.) 

A  Resolution  to  request,  the  establishment  of  a  Mail  route,. and  for  other 
purposes. 

Whereas,  There  is  no  Mail  route  established  from  Number  Five, 
Atlantic  aud  Gulf  Rail  Road,  to  Ocmulgee  Mills,  in  Coffee  county; 
and  whereas,  it  is  highly  essential  to  the  citizens  in  that  part  of  the 
county,  through  which  said  proposed  route  will  pass,  that  the 
same  be  established.  Therefore, 
senators  and.     ]je  it  resolved  b>i  the  General  Assembly  oftliC  State  of  Georgia,  That 

Reps   in  Con-  J  •       Vi  L  '        1    x 

pre^  revest-  our  Senators-  and  Representatives  in  Congress,  be  requested  to  use 
w«uj "Ska  their  influence  to  have  a  Mail  route  established,  going  and  return- 
s'" 5ArTGing  once  a  week,' from  Number'Five,  Atlantic  and  Gulf  Rail  Road, 
muigee,0  cof- to  Middletowji  Store,  in  Appling  county, — thence  running  to  Oc- 
way  of' mm- muigee,  Coffee  county,  Georgia. 

dletown  Store  °        '         ,    ,  --.  ^  ~     -,  ~  ~  .? 

inAppiuigCo     Assented  to,  Dec.  12,  lSoS. 

(No.  10.) 

•   A  Resolution  reepiesting  the  establishment  of  a  certain  Mail  #nc,  in  this 
State. 

Resolved  by  the  Senate  and  House  of  Representatives  in  (Uncial  As- 
r™*°" con- seinbhj  met,  That  our  Senators  and  Representatives  in  Congress,  be 
eHo  procure  instructed  and  requested,  to  use  their  influence  to  procure  the  es- 
tcTw^iiii-tablishinent  of  a  Semi-weekly  Mail  route  between  Milltown  and 
Nwfviua  in  Nashville,  in  the  county  of  Berrien  of  this  State,  to  connect  with 
nernen c.   the  8emi_weekiy  Mail  f torn  Naylor,  to  Milltown. 

Assented  to,  Dec.  11,  18G3. 

(No.  11.)      •   ' 

Declarer  Bn       Resolved,  by  the    General  Assembly  of  the  State  of  Georgia,  In  re- 

tl^^'ncer-'sponse  to  the  law  of  tl  e  Confederate  Congress,  inviting  the  sever- 

emptatfrom'  al  States  to  specify  what  State  officers  shall  be  exempt  from  Con- 

iption.  scrjption;  That  all  Civil  and  Military  officers  of  this  State,  shall  be 

so  exempt. 

Assented  to,  Dec.  14,  18C3. 

(No.  12.) 

Resolutions    expressive  of  the  determination  of  Georgia  to  prosecute  the 
present  war  with  the  utmost  vigor  and  energy. 

Whereas,  At  a  session  of  the  General  Assembly  of  the  State  of 
Georgia,  in  the  year  1861,  the  following  resolutions  were  adopted  : 
"Resolved,  That  it  is    the   sense  of  this   General  Assembly,   that 


RESOLUTIONS.  105 


Prosecution  of  the  war— Indigent  soldiers  families 

7T 


the  separation  of  those  States  now  forming  the  Confederate  States    .  * 
of  America,  from  the  United  States,  is,  and    ought  to  be,  final  and  of  d«S.  °uh, 
irrevocable;  and  that  Georgia    will,  under  no.cireumstances,    en- 
tertain any  proposition  from  any  quarter,  which  may  have  for  its 
object  a  restoration   or  reconstruction    of  the    late  Union,   on  any 
terms  or  conditions  whatever," 

"Resolved,  That  the  war  which  the  United  States  arc  waging  up-, 
on  the  Confederate  States,  should  be  met  on  our  part,  with  the  ut- 
most vigor  and  energy,  until  our  independence  aud  nationality  are 
unconditionally  acknowledged  by*the.  United  States." 

"Resolved,  That  Georgia  pledges  herself  to  her  sister  States  of 
the  Confederacy,  that  she  will  stand  by  them  throughout  the 
struggle  :.shc  will  contribute  all  the  means    which   her  resources 

Co         7 

will  supply,  so  far  as  the  same  may  be  necessary  to  the  support  of 
the  common  cause;  and  will  not  consent  to  lay  down  arms  until 
peace  is  established  on  the  basis  of  the  foregoing  resolutions."* 

Whereas,  The  enunciation  ofsaid  resolutions  is  as  truly  expres- rreambW. 
sive  of  the  position  of  Georgia  to  day,  as  at  the  time  of  their  adop- 
tion, and  whereas,  the  meeting  of  another  General  Assembly  of  the 
State,  after  a  lapse  of  two  years  more  of  struggle  for  independence, 
presents  an  occasion  peculiarly  appropriate  to  the  renewal  of  these 
declarations;  and  that  the  world  may  know  that  Georgia  does  not 
tire  of  the  war  until  her  purpose  is  accomplished*  nor  abate  any- 
thing of  the  spirit  and  determination  manifested  by  said  resolu- 
tions;    Therefore,  t 

Resolved,  That  this    Senate    and  House    of  Representatives,    in  Tie  foregoing 
.,  ,,  -1/-1         f  ill 

General  Assembly  met,    with  a  fixed    -aim    unalterable  purpose  to»ffirm«i  mid 

,  .  .  -,  ,,,  ,  i       j        •  i  i       •  •        i  w-«d«pted, 

stand  by  them,  do  re-amrm  and  re-adopt  said  resolutions  in  then- 
letter  and  spirit. 

Resolved  further,  That  the  Governor  c.luse    copies  of  these  reso-  Copies  to  b« 
lotions  tube    transmitted    to  the    .President    of  the  •  Confederate  i 
States,  and  the  Governors  of  the  several  suites    of  the  Confedera- 
cy, and  also   to  the  President  i)f  the  Senate    and   Speaker  of  the 
House  of  Representatives  of  the  Confederate  Congress,   with  the  . 
request    that  they   cause  said   resolutions  to  be  read  before  their 
respective  bodies. 

Approved  Nov.  24,  18G3. 

Pain.  Act  1861,  V.  13G. 

(No.  13.) 

A  Resolution  requesting  the  acU  •    egress  forth   relief  of  indigent 

soldiers' families* 

Whereas,  Many  families  have  been  left  destitute  of  the  means 
of  support,  by  the  absence  of  the  male  laboring  portion  ofsaid 
families,  in  the  army  ol  tl  urate  States;  Therefore, 

tlesolved  by  the  ScnaU   a  /.'  itqtives.  of  the  State  of 

Georgia,  That  our  Senators  and  Representatives  in  Congress,  In- 
requested,  to  take  sueh  measures,  as   will  cause  the   collectors  of 


100  RESOLUTIONS. 


Soldiers  on  furlough — Detailed  soldiers — Field  and  company  officers. 

u^nbm  in  the  *(tax  in  kind"  for  the  Confederate  Government,  to  release  to 
Q^^u'iStadthe  Justices  of  Inferior  Courts  of  the  counties -of  this  State,  upon 
tenSiMofSS their  application,  so  much  of  the  said  'Vox-  in  kind"  of  the  county 
from%b'ei"tax  in  which  the  Justices  making  the  application  reside,  as  will  in 
in  kiud."  their,  the  said  Justices  opinion,  be  necessary  for  the  support  of 
the  destitute  01  indigent  soldiers  families  of  their  county. 
Approved  Nov.  1G,  1SG3. 

(No.  14.) 

Resolutions  granting  free  transportation  to  soldiers  on  furlough. 
_  .      ,         .Resolved  by  the  General   Assembly  of  Georgia,  That    our   Senators 

Our  members  ■>    r»  •  •  J    J  o       1 

ta  ^SgJ^JJ  and  Representatives  in  Congress  be  requested  to  procure  the  pas- 
mowrBMi  act  gage  of  an  act.  granting  free  transportation   to  all   private  soldiers 

for  free  trans- .     °  •    o  O    _  C  I     t 

?or,tBti?uJ°1  m  the  Confederate    service,    on   furlouirh    from    their  respective 
•oidiera.        commands,  to  their  homes  ;  and  to  return   to  their  commands,    in 
the  same  manner,  that    free  transportation    is  now  granted  to  sol- 
diers on  sick  furlough. 
Approved  Nov.  26,  1S63. 

(No.  15.) 

Whereas,  Under  existing  laws  of  our  Confederate  Congress, 
there  is  a  discrimination  made  in  the  per  diem  pay  of  detailed 
volunteers,  whereby  volunteer  soldiery  receive  a  smaller  remune- 
ration than  othi  r  detailed  persons:  Therefore  be  it, 

Resolved,  That  our   Representatives    in  Congress,  be,  and  they 
Pay  of  detail- are  hereby  requested,  to  introduce  and  favor  the  passage  of  a  law 
cj  soldiers,    giving  our   detailed    soldiers  the  same  pay,  as  other  persons  em- 
ployed by  the  Government  in  the  same  business. 
Reps,  in  cm-      Second.  Be  it 'Junker  resolved,  That  a  eopy  of  these  resolutions  be 
ares.  in«tr,a.forwarae(j  t0  each  of  our  1 1  ep  resen  i ;a  1 1  ves  in  Congress,  who  ore  re- 
quested  to   urge  the  passage  of  a  law  favoring  the  objects    herein 
above  contemplated. 

Assented  to  Qec.  14,  1863. 

(No.  16.) 

Resolutions  requesting  Congress  to  pass  laws  allowing  our  volunteers  to 
elect  their  own  held  and  company  ojjiccrs. 

ReP3  in  con-  Resolved  by  the  Genet  al  Assembly  of  the  State  of  Georgia,  That,  bc- 
'bnlalievingitto  be  the  Constitutional'  right  of  all  soldiers  who  went 
','i'ufa  d^from  Georgia,  through  the  agency  of  the  State,  to  elect  their  regi- 
*™ ro Yoi: mental,  battalion  and  company  officers,  we  request  our  Represen- 
fieWandhcorm.tatives  in  Congresses  a  proper  appreciation  of  the  patriotic  de- 
panj  officer.: yotion,  patience  and  toil  of  our  gallant  soldiers  in  this  sanguinary 


RESOLUTIONS.  107 


Pay  of  privates  ami  non-commissioned  officers — Provisions  for  certain  counties. 


'  struggle  for  independence,  to  use  their  zealous  efforts  to  procure, 
at  the  earliest  practicable  day,  such  a  change  in -existing  Confede- 
rate, laws,  as  shall  secure  the  right  of  all  regiments,  battalions  and 
companies  in  the  Confederate  service  from  this  State,  to  elect  all 
their  regimental,  battalion  and  company  officers. 

Resolved  2</,  That  His  Excellency  the  Governor,  is  hereby  re- HoMtorb»fo£ 
quested  to  furnish  a  copy  of  this  resolution  to  each  of  our  Senators  o"'elbr!tlw 
and  Representatives  in  Congress.  v 

Approved  Dec.  14,  1SG3. 

(No.  17.) 

A  Resolution  to  increase  the  pay  of  privates  and  non-commissioned  officers 
in  the  Confederate  service. 

Resolved  by  the  Senate  and, liaise  of  Representatives,  That  our  Scna-^^.Trc'.' 
tors  and  Representatives  in  Congress,  be  requested,  to  use  their  in-fiJJftaaSM. 
fluonceto  increase  the  pay  of  privates  '  and1  non-commissioned  o Hi- y]J"lnd .Ra- 
cers in  the  Confederate  service.  ','.',] ""' 


Hirers   ill 
service. 


Assented  to  Dee.  14,  1863; 

(No.  18.) 

Resolutions  to  provide  Jor  supplying  certain  counties   in  tins  State    with 
prQAsions. 

WHEREAS.  The  supplies  of  provisions  in  the  counties  of  Catoosa, 
Chattooga,  Walker,  I  hide,  Whitfield  and  Murray,  have  been  near-r"'8nib 
ly  entirely  consumed  bj  the  enemy  and  our  own  army  ;  and  in 
many  instances  the  owner  has  been  deprived  of  his  entire  stock  of 
provisions  without  any  sort  of  compensation,  and  the  people  of 
these  counties  being  left  thus  destitute,  and  being  deprived  of  the 
means  of  transportation,  must  suffer,  if  not  aided  by  our  State  ' 
Government ;.  _  s.  trto  ftn. 

/;,  /'/  therefore  resolved  by  the  General  Assembly  oj  Geeqgia,  That.tm 
Superintendent  of  the  We  tern  and  Atlantic  Kail  Road  be  required  pi^."* •££ 
to  transport  supplies  isions    i<>  the  people  oi  said  counties, | ,:'.""i?,^0"' 

fn f  charge;  that  the  Superintendent  of  said  road  be  required01" 

to  Bfin3  such  trains  of  cars.as  may  be    necosary,  to  points  on  Rail 
Roads  in  this  State,  where  supplies  of  provisions  can  be  procured,  for 
'the  purpose  of  Bhipping  provisions  to  the  people  of  said  counties, 
Provided,  other  Rail* Roads  over  which   such  shipments  are  to  be 
made,  cannol  or  do  nol  ship  Baid  supplies  immediately  on  applica- 
tion ;  provided/urther,  that  before  such  shipments  are  made,  the  per- 
son desiring  to  ship  shall  file  his  affidavil  in- tin  office  of  saidSuper- 
intendant,  that  said  artiole  or  articles  to   be  shipped  as   aforesaid, 
afeforhisor  her  own  use,  and  not    for  sale  or    speculations  and  Affid»Titi«t 
that  an  agent  filingsuch  affidavit  shall  insert    the  name    of  each  of^V^uta 
liis  principals  in  said  affidavit,  that  the  Said  provisions    are  for   the1* 
use  of  said  principal  and  not  for  speculation  or  sale. 


■  furn- 
cari- 


108  RESOLUTIONS. 


Spun  yarn  for  soldiers'  families. 


ben'iBmsg        Resoleed,  That  His  Excellency  the  Governor,  be,  and  he  is  here- 

ce^Lt!0   by  requested  to  call  the  attention  of  Gen.  Bragg,  to  the  destitute 

condition  of  said  counties,  and  request  of  him  to  release  from  the 

control  of  the  Confederate  Government,  cars  and  engines  sufficient 

to  transport  all  supplies  contemplated  in  the  foregoing  resolutions. 

Assented  to  Nov.  33,  1S63. 

(No.  19.) 

Whereas,  a  Resoluti  >n  was  assented  to  by  His  Excellency  the 
Governor,  on  the  15th  of  April,    1863,    authorizing  the  Governor, 
to  take  a  portion  of  frhe  money  set  apart  by  law,   for  the   support 
of  indigent  families  of  the  soldiers  of  this  State,  to   purchase  spun 
yarn  from  the  different  factories  of  this  State,  to  be  turned  over  to 
the  Inferior  Courts,  to|>e  distributed  by  them  to  each  of  the  families 
of  soldiers  as  are  desl^ute  of  the  means  of  supplying  themselves, 
or  their  families  with  clothing, ;  and  that   the   Inferior  Courts  be 
required  to  notify  his  Excellency  the   Governor,   by  the   15th    of 
June,  1S63,  the  amount    necessary  for   the  purpose  ;  and  whereas, 
the  Inferior  Court  of  Muscogee   county  did  notify  his  Excellency 
the  Governor,  within  the  time  prescribed,  that  there  were  two  hun- 
dred and  fifty  such  families  in  that  county  ;  therefore, 
M«sc0geeapd      Be  it  resolved ',  That    his    Excellency   the  Governor  instruct  the 
not'suppiiJir Quartermaster  General  to   distribute  the  same  pro  rata  amount  of 
ysniMoliayegpun  yarn  to  Muscogee  county,  and  other   counties   that  have  not 
ehare?o?iStt- been  supplied,  at  the  same  price,  that  he  has  alreacly  distributed  it 
SfMidien.    to  a  greater  portion  of  the  counties  of  the  State  ;  and  that  if  he 
has  not  already  purchased    a  sufficient  quantity, of  yarns  at  prices 
"md^how    furnished  to  other  counties,  and  has  now  to  pay  the  factories  high- 
provided  for.e(.  prjces  than  th"at  paid  for  yarn  already  distributed  to  other  coun- 
ties, the  additional  or  enhanced  price  be  paid  out  of  the  balance  of 
the  $2,500,000  fund,  which  by  the  report  of  the  Comptroller' Gen- 
eral, appears  from  causes  stated,  not  appropriated. 

•  Assented  to  Nov.  ISth,  1SG3. 

(No.  20.)  .   . 

Whereas,  under  the  law  authorizing  the  distribution  of  spun 
spun  y?m  to  yarn  to  soldiers'  families  in  the  several  counties  of  this  State,  the 
tooount'es  Government  has  been  able  to  furnish  those  conveniently  situated 
at wowrateB and  first  applying,  at  six   dollars  per  bunch  ;  and  whereas,  the  price 

as  to  those    "        „  .  -,  x  A     .•'         °  .  •      i  1     IV  J  J  AT         ./ 

furnished,     of  said  yarn  has  now  risen  to  eight  dollars  and  upwards  ;  JSow  there- 
fore be  it  resolved  by  the  General  Assembly,  Tjiat  the  Governor  is  here- 
by authorized  to  furnish   the  counties    not  yet  supplied,  with  the 
yarn  apportioned  to  each,  at  six  dollars  per  bunch,  thereby  doing 
equal  justice  to  all. 

Assented  to  Nov.  23d,  1863. 


RESOLUTIONS.  109 


The  tax  iu  kind. 


Senators  and 


(No.  21.) 

Whereas,  those  having  charge  of  the  collection  of  the  tax  in 
kind  in  the  several  counties  in  Georgia,  have,  in-  many  instances, 
appointed  officers  for  this  purpose  from  other  States,  who  are  un- 
acquainted with  the  people,  and  are  strangers  to  the  respective  lo- 
calities to  which  they  have  been  assigned,  and  are  therefore  liable* 
,  to  imposition  ;  and  in  many  cases,  have  been  guilty  of  gross  in- 
justice and  oppression  ; 

Therefore,  be  it  resolved  by  the  General  Assembly  of  Georgia,  That  !&■*.„, 
our  Senators  be  instructed,  and  our  Repijstmtatives  be  requested,  f™,^^ 
to  procure  such  a  change  in  the  tax  law,  as  will  require  that  res-g*^,,.^, 
pectable  cit.izens  residing  in  the  several  counties,  not  liable  to  COn- <££"JSgtl£f 
'scripiion,  who  are  well  acquainted  with  the  people,  and  who  may  jSf"'  £& 
be  qualified  for  the  discharge  of  such  duty,  be  appointed  to  collect  SeV^n- 
the  said  tax  in  kind.  em^on, may 

*  BCt» 

$      Booked  further,  That  his  Excellency  the  Governor  be  requested  Copy  reBOiu. 
to  forward  a  copy  of  these  resolutions  to  each  of  our  Senators  arid^^^ 
Representatives  in  Congn 

*  Approved  Dec.  1,  1863. 

(No.  22.) 

Whereas,  the  Confederate  Congress  made  provision  to  commute  ' 
the  tax  iu  kind,  in  such  locations  as  wf  re  remote  from  Railroad  or 
other  facilities  of  transportation,  to  payment  in  money  ;  and  where- 
at, the  county  of  Carroll  has  furnished  most  of  her  available  la- 
boring population  to  the  Confederate  army,  thereby  diminishing 
.the  means  of  support;  and  whereas,  the  crop  in  said  county  this 
year  has  been  unusually  short,  and  the  families  of  a  great  many- 
soldiers  likely  to  Bufler,  in  case  the  tax  in  kind  is  removed  by  the 
Confederate  government,  their  means  of  transportation  from  other 
sections  being  curtailed,  on  account  of  their  oxen,  horses  and  mules 
being  impressed,  or  otherwise  taken  for  the  use  of  the  govern- 
ment ; 

Resolved  by  Hue  (inn  ml  Assembly,  That  the  Governor  be  requested  o°r-  twine*. 

•/  t?  ji  id  fo  confer 

tocoufer  with  the  Confederal!1  authorities,  and  through  the  Inferior ^  o«w. 

/-_  .  .  •         I    •        j  /■  aiithoritii'i  B8 

Courts,  purchase  is  possible,  the  tax  in  kind,  or  so  much  thereof  as'°  p°«*»»" 

i  ii  •    •  r    •      v  /■  l-  Court 

may  be  necessary,  to  supplv  the  necessities  or  indigent    lamilies  oi™  *""»>•/    . 

,-'  .         .  'l^r  ii  i      ii         i  i«i  •  due  Item  Car- 

soldiers  in  the  county  of  Carroll,  and  all  other  counties  alike  Mtu-r«iico.,to. 
ated,  where  the  failure  in  the  crops  lias  rendered  if  necessary  ;  pror*****- 
tided,  that  whatever  amount  may  be  advanced  to  the  several  coun- 
ties for  the  purchase  of  said  tenth,  shall  be  deducted  from  the  pro 
rata  share  ot  said  counties  in  t4ie  funds  which  may  be  appropriated 
for  the  support  of  indigent  soldiers  and  their  families,  and  shall 
not  exceed  the  pro  rata  share  to  which  said  counties  may  be  enti- 
♦  tied. 

Approved  Nov.  13,  1*  » 


110 


RESOLUTIONS. 


Tax  iu  kind,  &i'. 


(No.  23.) 

Whereas,  there  are  many  localities  in  the  State  of  Georgia, 
where  the  citizens  have  been  stripped  of  nearly  every  species  of 
personal  property  by  the  enemy,  or  the  agents  or  pretended  agents 
of  the  Confederate  government,  and  left  without  the  means  of 
paying  their  Confederate  tax,  and  especially  the  "tax  in  kind;"  for 
the  tenth  has  not  been  left  them. 

Be  it  therefore  resolved? T&at  the  Governor  of  this  State  be  re- 
goy.  wqne«t- quested  to  use  his  utmost  exertions  with  the  President  and  Secre- 
pei&o^r^tary  of  War,  to  have  the$ollection  of  the  "tax  in  kind"  suspen- 
tainiSSd0£a(je(jj  in  au  cases  where  the  citizens'  crop,  out  of  which  his  tax  was 
whUe prop«- to  be  paid,  Iras  been  taken  by  the  enemy,  or  by  our. army  or  offi- 
SUwyedby  cers  .  and  that  the  collection  of  all  Confederate  tax  be  suspended 
°rin  cases  where  the  property  of  the  citizens  has  been  taken  by  Con- 


troop*. 


Gov.  to  c&U 
attrition  of 
member!  iu 
Cengreti  to 

Uiia  matter. 


frewnMe 


federate  soldiers  or  officers,  without  compensation,  until  such  com- 
pensation is  paid. 

Be  it  therefore  resolved,  That  in  case  the  President  or  Secretary  of 
War  fail  to  grant  the  relief  above  mentioned,  that  the  Governor 
be  requested  to  call  the  attention  of  our  Senators  and  Representa- 
tives in  Congress  to  this  matter,  and  to  use  all  lawful  means  to 
protect  the  citizens  against  wrong  and  injustice. 

Approved  Nov.  18,  1863. 

(No.  24.) 
,     A  resolution  in  relation  to  State  taxation. 

WHEREAS,  a  state  of  war  greatly  deranges  the  natural  and  le- 
gitimate order  of  things,  so  that  while  some  persons  are  suddenly 
enriched  by  large  incomes  to  their  wealth  arising  fronl  this  disor- 
der, others' without  any  fault  of  their  own,  are  as  suddenly  and  as 
much  impoverished  ;  and  whereas,  this  is  foundunhappily  to  be  the 
case  in  the  disordered  state  of  affairs  growing  out  of  the  present 
war  •  and  whereas,  it  is  incompatible  With  the  best  interests  of  the 
State,  and  equally  inconsistent  with  good  faith,  that  one  portion  of 
the  citizens  of  the  State  should  make  the  calamities  of  others  en- 
gaged with  them  in  a  common  cause,  and  involved  in  the  same 
•  peril,  the  occasion  of  .their  enrichment ;  and  it  is  an  important  ob- 

ject of  legislation  to  equalize  these  differences,- as  far  as  may  be 
practicable,  by  casting  the  burdens  of  the  war  mainly  on  those 
who  make  a  profit  of  it. ;  and  whereas,  the  subject  of  taxation  pre- 
sents the  readiest  and  most  available  means  of  accomplishing   this 

object ; 
jointTinanco      Thercfoie  resolved  by  the  Senate  and   House  of  Representatives  of  the 
meidodtct°om  o         f  Qcortria,  That  the  Finance  Committee  of  the  Senate  and 

report  a  eye-    O<u<0   u/    "w,o"*'  .  .  .     .  . 

tem  of  t«a-TT  Qf  Representatives  be  instructed  to  act  as  a  joint  commit- 
wm9andnettee  on  Finance  ;  and  take  into  consideration  the  whole  subject  of 
Sr^  taxation  by  the  State,  with  the  view  of  raising  revenue  for  the  sup- 


RESOLUTIONS.  Ill 


Depots  for  tax  in  kind — Number  of  sheep  and  dogs, 


port  of  the  government ;  and  for  the  payment  of  the  public  debt; 
and  for  providing  for  the  common  defence,  by  the  adoption  by  the 
State  of  such  a  system  of  taxation  for  the  purposes  aforesaid,  as 
shall  combine  the  W  valorem  system  with  the  net  income  system,  in 
such  a  way,  as  that  taxation  shall  be  based  mainly  on  net  income 
or  profits  realized  during  the  war  ;  and  to  report  by  an  appropri- 
ate bill  to  secure  this  object,  to  the  lie  use  of  Representatives 
where  alone  such  bills  can  originate. 

Assented  to  Dec.  11,  1863. 

(No.  25.)    . 
Resolution  in  relation  to  the  Tax  Act  of  Congress. 

Whereas,  the  establishment  of  as  many  Depots  for  the  delivery 
of  the  tax  in  kind  as  is  practicable,  would,  in  the  judgment  of  this 
General  Assembly,  greatly  conduce  to  the  convenience  of  produ- 
cers, and  at  the  same  time  subserve  the  best  interests  of  the  govern- 
ment ;  it  is  therefore,  * 

Resolved^  That  we  respectfully  request  our  Senators  and  Repre- 
sentatives to  urge  upon  Congress   the  propriety,   of  so  modifying iw^Tlt' 
the  law,  (if  necessary),  as  to  authorize  and   require  the  establish- fa^Snd  en 
mentof  Depots  for  the  delivery  of  tax  in  kind  at   every  depot  onr.mde. 
the  lines  of  Railroad  in  the  Confederate  States,    except  at  such  as  ' 
are  manifestly  unnecessary  in  the  judgment  of  the   District  Quar- 
ter Master. 

Resolved  2d,  That  his  Excellency  the  Governor  be  requested  to§2?U*ft£ 
furnish  our  Senators  and  Representatives  in  Congress  a  copy  of^^,™^: 
these  resolutions.  «**■• 

Assented  to  Dec.  14,  1S63. 

(No.  2G.) 

Resolution  requiring  tax  'payers   to  make  returns  of  the  number  of  sheep 
and  dogs  mened  by  each  tax  payer. 

Whereas,  it  is  highly  important  to  the  interest  of  the  citizens 
of  this  State,  to  be  informed  as  to  its  present  condition  and  future 
prospects  with  regard  to  a  supply  of  wool,  and  as  to  the  best 
means  of  increasing  the  same  ; 

Be  it  therefore  resolved,  That  it  shall    be  the  duty  of  the  Tax  Re-Tax-p.yento 
ceiver  in  the  several  counties' oi  this  State,  when  they  take  in  the  £T  *•£££" 
returns  of  tax  payers  in  their  respective   counties,    to   require  all SE^LaST 
tax  payers  to  make  a  return  of  the  number  of  sheep    which  they by  ri•*',  kt- 
may  own  at    the    time  of  giving    in  ;  also   the   number    of  sheep. 
which  they  may  have  had  killed  by  dogs,  within  one  year  previous 
therein  ;  also  tke  number  <»t  dogs  owned  by  them  or  on  their  prem- 
ises. 

Assented  to  Dec.  14,  18G3. 


112  RESOLUTIONS. 


Battle    Flaps—  Volunteer   Navy— W.  &  A.  It.  R, 


(No.  27.) 

4 

Resolutions  relative  to  the  disposition  of  certain  Battle  Flogs. 

Wheeeas,  we  have  learned  through  a  message  of  his  Excellency 

the  Governor,  that  the  following  flags  have  been  forwarded  to  the 

Acknowudg-iState  of  Georgia,  to-wit :  the  battle  flag  of  the  4th  Georgia  Reg- 

't'lTflagl  raiment ;  the  battle  flag  of  the  14th  Georgia  Regiment ;  the  battle 

deiTeiL        flag  of  the.  20th    Georgia  Regiment ;  the   battle  flag  of  the  26th 

Georgia  Regiment ;  the  battle  flag  of  the  12th  Georgia  Battalion  ; 

also,  a  Federal  battery  flag,  captured  with  the  guns  of  the  enemy, 

at  the  battle  of  Chancellorsville,  by  the  4th  Georgia  Regiment ; 

and  two  battery  flags    captured  at   .the  battle    of  Gettysburg,  by 

General  Doles'  Brigade  of  Georgians  ; 

Therefore  be  it  resolved  by  the  General  Asse?nUy,  That  the  State  of 
t.a?ynot™™or Georgia  accepts  with  just  pride,  these  evidences  of  the  courage  and 

onrtroops  '  .°    .  .  ,.    .  -n        j  J    •'  •  1      •  • 

forwarding  : patriotism  ot  her  sens,  illustrated  in  a  cause  involving  every  pnn- 
ciplc'of  right,  interest,  or  honor,  dear  to  the  hearts  of  freemen. 
Resolved  2d,  That  the  Adjutant  and  Inspector  General    be  direc- 
.;„,.  to  nr- .  :ted,  under  the  supervision  ot  the  Governor,  to  arrange  said  nags  in 
tbo"cai)Vt''i-,"some  conspicuous  place  in  the  Capitol   building,    where  they  may 
forever  remain,  a  public  testimonial   of  Georgia's  appreciation  of 
gallant  and  heroic  deeds,  and  a  public  incentive  to  her  children  of 
H  future  generations,  to  emulate  great  and  noble  examples. 

similar di,Po-      Resolved  3d,  That  the  Adjutant  and  Inspector  General  be  direc- 
'S  p&ted  to  make  a  similar  disposition    of  all  such    flags   as   may  have 
ma/iJeleut.  been  heretofore,  or  may  hereafter,  be' received. by  the  State. 
Approved  Dec.  11,  1S63. 

(No.  28.) 
Resolution  in  reference  to  a  Volunteer  Navy. 

Resolved  by  the  General  Assembly  of  Georgia,  That  the  Committee 
on  the  State  of  of  the  Republic,  are  hereby  instructed  to  consider 
what  action  it  may  be  prudent  and  proper  for  the  authorities  of 
Georgia  to  take,  for  the  encouragement  of  the  organization  of  a 
Volunteer  Navy,  for  the  service  of  the  Confederacy,  and  to  in- 
crease the  number  of  vessels  and  seamen  engaged  in  the  Naval 
service ;  and  to  report  by  bill  or  otherwise,  as  early  as  practica- 
ble upon  the  subject. 

Assented  to  Dec.  11,  18C3. 


An  to  a  vol  cm 
tecrnavv. 


(No.  29.) 

Resolution  J  or  the  appointment  of  a  committee  to  investigate  the  condition 
and  management  of  the  Western  and  Atlantic  Rail  Road- 

Resolved  by  the  General  Assembly  of  Georgia,  That  a  joint  commit- 


RESOLUTIONS.  US 


Western  &.  Atlantic  Railroad. 


tee  of  three,  from  the  House,  and  two  from  the  Senate,  be  appoint- 
ed, who  shall  proceed  at  an  early  day  to  investigate  the  condition  i"^™™"; 
and  management  of    the  Western  and    Atlantic  Kail    Road,  with  £££*£*•£ 
authority  to  examine  the  affairs  of  the  said  road,  and  enquire  as  toj^f**^- 
whether  or    not  any  abuses    or   mismanagement   exist,  in  any  de- 
partment; and  it   shall  be    the    duty  of  the  Superintendent   and 
other  officers  and  employees  of  said  road,  to  assist  the   committee 
in  arriving  at  a  true  estimate  of  the    condition    of  the  Road;  the 
committee  shall  keep  a  record  of  their  acts,  and  report  the  same  to 
the  General  Assembly  at  the  next  session. 
Assented  to  Dec.  12,  1863. 

(No.  30.) 

A  Resolution  authorizing  the  Governor  tofurnish  certain  books  to  the  Au* 
ditorofthe  Western. and  Atlantic  Kail  Road. 

"Resolved  by  the  General  Assembly t  That    His  Excellency  the  Gov-  x 

i  -i-i  i  ,i         •         i      ,        r  •    i        e  i        ri,  T  •     AmlidirofW 

ernor,  be,  ana  is  hereby   authorized,  to  furnish    lrom  the  State  Li-<*a  r  r. to 
brarv,  lor  the  use  of  the  Auditor's    office  of  the  Western  and  At- .«•*  coa« <* 
lantic»Rail  Road,  one  copy  of  the  Code  of  Georgia,  and  the    decis-s^^ca 
ions  of  the  Supreme  Court  of  this  State  ;  should  the  aforesaid  books 
not  be  in  the  State  Library,  then  the  Superintendent  of  said  road 
be  authorized  to    purchase  them,  under  the  direction   of  the  Gov- 
ernor, and  pay  for  the  same  out  of  the  funds  of  the  road. 
Assented  to  Dec.  12,  1863, 

(No.  31.) 

ll< solutions  relative  tojreights,  passage,  &C„  on  the   Western  and  Atlar' 
tic  Rail  Road. 

Resolved  1st,  That  the  Governor,  be,  and  he  is  hereby  authorized,  Q 
to  raise  the  freights   for  Confederate  transportation  over  the  road,'7*-.'*"  '*'•• 
to  one  hundred  iter  cent  upon  the  rates  fixed  by  the  Augusta  Cori- confedw*. 
vention;  and  to  make  such  additional  increase  in  future,  as  the  in-,i""fromti,n* ' 
crease  of    findings,  repairs    and  supplies  of  the    road  may    render  P'    ." 
necessary,  Provided,  that  the  freights  and    passenger  rates  charged 
the.  Confederate  Government,  shall  at  all  times  be  twenty  per  cent 
Less,  than  is  charged  to  the   citizens   of  this    State,  for  freight  or 
passage* 

•    Resolved  2d,  That  the  Confederate  officers  shall  be  permitted  to 
load  and  unload  their  own  freight;  and  to  send   a  guard  o!  a  reas-Sl^ojS* 
onable  number  with  each  freight  train,  free  of  charge,  for  tra  £*.' 

porting  the    guard;  that     freight  list*   shall  be  made    out  at    the '""  :- ** 
placeof  shipment  by  officers  of  the  road,  before  the  train  ,;;^f;h 

and  the  road  shall  in    no  case  be  subject  to  pay    for  losses  of  Cot; 
federate  freights  shipped  upon  it. 
8 


114  RESOLUTIONS. 


Capt.  T.  G.  Raren. 


rowrrofG.T     Resolved  3d,  TJiat    the  Goveornor    be  authorized  from  time   to 

JSteVrfi^shttime,  to  increase  the  general  freight  and  passenger  rates  upon  the 

3t  S»rif8!road,  to  keep  them  as  high  as  the  freight  and  rates  of  passage  on 

*r officers.    Company  roads  ;  and  that  he  be  authorized  to  make  such  increase 

in  the  compensation  and  salaries  of  employees  and  officers  of  the 

road,  a»  may  be  reasonable  and  just,  taking   into  the  account  the 

circumstances  by-which  they  are  surrounded. 

Resolved  4th,  That  the  Governor  transmit  a  copy    of  these  reso- 
STt^s^ylutions  to  the  Secretary  of  War,  and  one  to  our  Assistant  Adjutant 
cfwar,^.   General  in  charge  of  railroad  transportation. 
Approved  Dec.  14,  1863. 

(No.  32.) 

Resolutions  of  respect  for  the  memory  of  Captain  T.  G.  Raven. 

Information  has  been  received  that  Captain  T.  G.  Raven,  de- 
parted this  life  on  the  lOt'h  instant,  whilst  on  a  visit  at  Milledge- 
Brapn*  for  ville  connected  with  his  military  duties.  The  facts  fully  authenti- 
»,d  ra™^  cated,  connected  with  the  brief  and  honorable  career  of  the  de- 
*«*£  '  ceased,  merit  from  the  State,  an  earnest  tribute  to  his  mwnory. 
Captain  Raven  was  born  in  England,  and  was  a  graduate  of  the 
Military  College  at  Addiscome.  Emigrating  to  America,  he  was 
married  to  a  lady  in  Charleston,  S.  C-,  where  he  embarked  and 
was  engaged  in  commercial  pursuits,  at  the  beginning  of  the  war. 
Without  a  formal  transfer  of  allegiance,  he  generously  espoused  the 
cause  of  the  South  ;  and  has,  with  unremitting  industry  and  de- 
votion, given  to  her  the  benefit  of  his  labors  and  scientific  train- 
ing. He  did  creditable  service  in  South  Carolina,  but  learning  the 
great  need  of  engineers  in  Georgia,  tendered  his  services  to  the 
authorities  of  this  State.  As-one  of  the  volunteer  Staff  of  the  Ad- 
jutant General,  in  the  capacity  of  engineer,  he  has  by  his  skill, 
energy  and  fidelity,  secured  honorable  mention  in  the  last  report 
.of  that  Officer;  he  has  been  suddenly  stricken  down  by  disease, 
contracted  in  the  service  of  the  State,  in  the  very  flush  of  his  ear- 
ly manhood.  It  is  for  his  family  and  friends  to  cherish  the  remern- 
brance*of  his  private  virtues,  whilst  the  State  reverently  pauses  to 
make  record  of  his  disinterested  zeal  and  active  labors  in  her  be- 
half; in  view  of  the  foregoing, 

Resolved  by  the  General  Assembly,  That  we  have  learned  with  un- 

Koiutions.  fejgne(j  regret,  the  death  of  Captain  T.    G.  Raven,  and  gratefully 

recognize  his  active  and  intelligent  labors  ;  so  unselfishly  bestowed 

*  for  the  defence  of  the  State. 

Resolved,  That  we  tender  our  sincere  condolence  to  the   friends 

•  and  family  of  the  deceased,  and  request  that  a  copy  of  the  forego- 
ing preamble  and  resolutions  accompanying,  be  sent  by  the  Gov- 
ernor to  his  bereaved  widow. 

Resolved,  That  in  further  evidence  of  our  respect   for  the  memo- 


RESOLUTIONS.  115 


Standing  Committees— Conference  Commit  tee  —Compilation  of  the  laws. 

ry  of  the  deceased,  the  General  Assembly  will  adjourn  this  day  at 
12  o'clock,  to  attend  his  funeral  from  the  Episcopal  Church.    * 
Assented  to  Dec.  12,  1SG3. 

(No.  33.) 
A  Resolution  to  consolidate  certain  standing  committees. 


Resolved,  That  the   standing    committees  on  Internal  im prove- certain  »t»n- 
ent,  on  the  Deaf  and  Dumb  Asylum,  on  the  Penitentiary,  on  Pi-teaioftho 
tnce,  and  on  the  Lunatic   Asylum,  of  the    Senate  and  House  of*,*»"««°°»°i- 
epresentatives,  be  consolidated,  and  act  as  joint  committees. 
Approved  Nov.  24,  1863.  « 


Consolidation 
of  standing 


(No.  34.) 

•  A  Resolution  to  consolidate  standing  committees  on  Military  affairs. 

Resolved,  That  the  Committees  of  the  Senate  and  House  of  Rep- 
resentatives on  military  affairs,  be  consolidated,  for  the  purpose  ofh^S 
reorganizing  the  militia  of  the  State  of  Georgia.  Affai™* 

Assented"~to  Nov.  24,  1863. 

(No.  3-5.) 

A  Resolution  in  relation  to  the  appointment  of  a  committee  of  conference. 

Whereas,  A  bill  of  the.    Senate,,  to  be  entitled,  "an  Act  to  re- 
organize the  militia  of  this  State,"  having  passed  the  Senate,  and 
also  the  House  of  Representatives,  with  numerous  amendments,  in     * 
many  of  which  the  Senate  has  refused  to  concur,  and  upon  which 
•the  House  insists  ;  Therefore, 

Resolved,  That  a  free   conference  be  asked  by  the  Senate   upon  commute  or 
said  bill,  and  the  matter  of  disagreement  between  the  two  Houses ;SKTifir 
and  that  a  committee  of  three  be  appointed  by  the  President,  to 
conduct  such  conference  on  the  part  of  the  Senate. 

Assented  to  Dee.  12,  1SG3. 

♦  (No.  36.) 

\  Hi  solution  m  relation  to  the  compilation  of  the  laws  of  the  present  Gen- 
eral Assembly. 

tved  by  theSenate  and  Hoy*t  of  Representatives,  That  the  Com-^     •,    , 
piler  01  the  laws  of  the  present  General   Assembly,  be  required  tol'w!J£-5£ 
annex  an  .appendix  containing  all  laws  changing  the  Code  of  Geor-iL'S"'* 
gia.* 

Assented  to  Dec.  14.  1863.  ■ 

■This  Resolution  wa"  misplaced  till  to>  lafr-  to   nrranjjo  an  appendix,  but  nil  chances  in  the 
Code  have  been  compiled  under  a  M-paratc  heading,  which  will  obviate  any  inconvenience  of 
rence.— COMPILER. 


ACTS 


OF   THE 


GENERAL  ASSEMBLY 


OF    THE 


STATE  OF  GEORGIA, 


FASSED    IN 


:&£XXjXj^:DG-:Er\7"x£*Xj:E3, 


AT   THE 


CALLED  SESSION. 


IN 


MARCH    1864. 


IMBMSIlin   BT   AUTHORITY. 


IDLLEDGEVILLE : 

■OUQHTON,  NISJBET,  BARNES  &  MOORE,  STATE  PRINTERS. 

1*64. 


TABLE  OF  TITLES,  DIVISIONS,  *C, 



PART  I. 


PIBLIC    LAWS. 


Title  I.— APPROPRIATIONS.  ' 

"  II.— CODE  OF  GEORGIA. 

"  III.— COUNTY  OFFICERS. 

"  IV.— DISTILLATION. 

"  V.— EVIDENCE. 

"  VL— EXR'S,  ADMR'S,  GUARDIANS,  &C. 

"  VII,— IMPRESSMENTS. 

"  VIIL— MILITIA. 

"  IX.— NAVY. 

"  X.— RAIL  ROADS. 

"  XL— RELIEF. 

"  XII.— SUPREME'  COURT  DECISIONS. 

"  XIII.— TAXES. 


« 


STATUTES  OF  GEORGIA 


PASSED    AT    THE 


EXTRA  OR  CALLED  SESSION 


IN 


MARCH,   1S(34. 


PART    I.— PUBLIC  LAWS. 


TITLE   I. 


APPKOPRIATIONS. 


Sec.  1.  Per  diem  of  President  of  th  •  Senate 
and  Speaker  of  the  House  MvlSage 
Per-dtom  and  mileage  of  members. 
Proviso  ;is  to  absence. 

Sec.  2.  Pay  ofSec'ty  of  Senate.  Pay  of  Clerk 
uf  tin-  House.  All  important  papers 
to  be  tiled  previous  to  payment.  ( !on- 
tingent  expenses  ef  Clerk  and  See- 
rctary. 

Sec.  3.  Per-ilftMi  <il  1 '  >oik  ■<  jut  rvnd  Messen 
gers  of  each  branch.  Mileage.  Paj 
for  servants  hire.  Per-diem  of  Clerks 
of  Finance  and  Judiciary  Commit- 

t     <'S. 


See.  1.  Pay    for  Stationery,    lights    and  fuel. 

Warrant)  how  drawn. 
Sec.  5.  Compensation  ol  Page  of  the  House. 
Sec.  6.  $15,U0U  for repairof  Academy ior Blind. 

Onr  million  dollars  to  purchase  cot 

ton  cards. 
Sec.  '.  Por support  of  two  mute  girls  at  Cava 

Bpriiigs  for  1861 
See.  s.  Pay4or  Chaplains  of  House  and  Senate. 


(No.  98.) 

An  Act  supplemental  to  an  Act,  assented  to  December  14«7.,  1863,  to 
provide  for  raising  a  revenue  for  the  political  year  1864,  and  to  ap- 
propriate money  for  the  support  of  the  Government  during  said  year  ;  and 
to  make  Certain  special  appropriations,  and  for  other  purposes, 

I.  SfttJTION    I.    The  (i<ni  ml  Assembly  of  the  State  of  Georgia  do  e  n-  J*  *}•**  •£ 

r  in  11  •  i         i  t  r  remdent  of 


~  r  i"i  »J  it  Prp.ident  of 

act.  That  thr  sum  of  ten  dollars  per  any  be  paid  to  each  the  rresi-5«ii*»  ">d 

.      ,  .  /•        i         tt  r  •  tfjirakei 


Speaker    of 


dent  of  the  Senate  and  Speaker  of  the  House  of  Representatives,  h« 

during  the  present   extraordinary    session  of    the  General  Assem- 
bly ;  and  the  sum  of  five  dulhirs  for  every    twenty  miles    of  travel  Mile^, 
going  to  and  returning  from  the  seat  of  Government ;  the  distance 


122  PUBLIC  LAWS— Appropriations. 

• Pay  of  Meinbera,  Sec'y  of  Senate,  Cltrk  of  House.  Doorkeepers  nnd  Meiwengers,  &c. 

to  be  computed  by  the  nearest  -route  usually  traveled  ;  and  that 
mtwmof"d  the  sum  ot" aix  dollars  each  per  day,  be  paid  to  the  members  of  the 
»*mb.H.      General  Assembly,  during  the  present  session,  and  five   dollars  for 
every  twenty  miles  of  rravel  going  to  and  returning  from  the  seat 
of  Government,  under  the  same   rules    which  apply  to  the  Presi- 
dent of  the  Senate  and  Speaker  of  the  House   of  Representatives  : 
?£*£  "  t«  Provided,  That  no  member  of  the  General  Assembly  shall    receive 
pay  for  the  time  he  may  be  absent,  unless  his   absence  was  caused 
by  the  sickness  of  himself  or  family,  or    he  had  leave  of  absence 
granted  by  the  Senate  or  House  for  satisfactory  reason,   or  after  a 
member  shall  have  obtained  leave  of  absence  for  the  remainder  of 
the  session. 
ItlXJt"      2-  Sec.  II.  And  be  it  further  enacted,  That  the   Secretary  of  the 
Senate  be    paid  eighty-seven  dollars  and  fifty-  cents,  per  day,  for 
Hw«e.0,the  t}ie  present  session  ;  and  the  Clerk  of  the  House    of  Representa-. 
tives  be  paid  the  sum  of  one  hundred  dollars  per  day,  for  the  pres- 
ent session  ;  out  of  which  sums  tl^ey  shall  pay  all  their  assistants 
AUimpert.nt  and  sub  Clerks-:  Provided,  that  no    warrant  shall   be  issued  in  fa- 
EJt^aAed  vor  of  either,  until  His  Excellency,  the  Governor,  shall  have  sat- 
isfactory evidence,  that  they  have  carefully  marked  and  filed  away 
all  reports  of  standing  committees,  and  all  other  papers  of  impor- 
c.»tin  ent    tance'  connected  with  either  House  ;  and  the  sum    of  twenty-five 
expense,  of  dolla rs  or  so  much  thereof  as  may  -be  necessary,    is  hereby  appro- 
secrot"y.     priatecl,  each,  to  the    Secretary  of   the  Senate    and   Clerk   of  the 
House  of  Representatives,  to    defray  the    contingent  expenses   of 
their  respective  offices,  at    the  present    session  of  the  General  As- 
sembly. 

3.  Sec.  III.  And  be  it  further  enacted,  That  the  sum  of  six  dol- 
DwrklTer0/  ^ars'  eac'1'  Per  d&y '»  's  hereby  appropriated  to  pay  the  Messengers 
and  AWn-  and  Doorkeepers  of  the  Senate  and    House  ot  Representatives  at 

aers  of  each         .  A        .  r 

branch.        the  present  session,  and  the  sum    of  five  dollars  for   every  twenty 
MUeago.       miles  of  travel,  going  to,  and  returning  from,  the    seat  of  Govern- 
ment, the    distance  to  be  computed  by  the    nearest  route  usually 
traveled;  and  the  sum  of  two  dollars  per  day,  to  be  paid  the  Mes- 
«tr2irlerT"   sengers  and  Doorkeepers  of  both    the  Senate  and   House  of   Rep- 
resentatives, to  pay  the  negro  hire  of  their  respective  houses;  and 
cuTrk.1^?  Ji.the  sum  often  dollars,  per  diem,  each,  be  appropriated  to  pay  the 
dida^acom-  Clerks  of  the  Finance  an'd    Judiciary  Committees  during  the    ses- 
-ltteM-       sion. 

4.  Sec.  IV.  Be  it  further  enacted,  That  the  sum  of  five  thousand 
Snef^, lights  six  hundred  and  fifty  dollars,  or  so  much  thereof  as  may  be  neces- 
andlueL       sary,  is  hereby  appropriated  to  pay  for  stationery,  lights,  and  fuel, 

during  the  present  extra  session  ;  atid  that  the  Governor,  be,  and 
>w™wn.  he  is  hereby  authorized,  to  draw  his  warrant  on  the  Treasury,  in' 

favor  of  N.  C.  Barnett,  Secretary  of  State,  for  this  purpose. 
compeass.        5.  Sec.  V.  Be  it  further  enacted,,  That    the  sum  of  four   dollars 
£°H0ufSePage per  day,  be  paid  to  Iverson  L.  Hunter,  tl/e  Page  of  the  House  of 

Representatives,  during  the  present  extra   session  of  the  General 

Assembly. 


PUBLIC  LAWS— Code  of  Georgia.  123 


Code  of  Oeorgia  amended. 


6.  Sec.  YI.  And  be  it  further  enacted,  That    the    sum  of  fifteen 
thousand  dollars  be,  and  the  same  is  hereby  appropriated,  to  repair  \°li'm"hl 
the  buildings  of  the  Academy  for  the  Blind  in  the  city    of  Macon  ;thB  BUnd- 
and  the  sum  of  one  million  of  dollars,  or  so  much  thereof  as  may  por  pur.hu* 
be  necessary,  be,  and  the  same  is  hereby  appropriated,  for  the  pur-clu?"0* 
chase  of  cotton  cards — the  same  to  be  disbursed  in  the  mode   and 
manner,  suggested  by  his  Excellency  the  Governor,  in  his  special 
message  of  the  loth  instant.  «,, >  . 

O  r»upport    « 

7.  Sec.  VII.  And  be  it  further  enacted,  That  the  sum  of  twelve  Jr°™,,?18&1 
hundred  dollars  be  also  appropriated  for  the  clothing,  support,  and 
maintenance,    for  the  present  year,  of  two  mute  girls  at   the  Deaf 

and  Dumb  Asylum  at  Cave  Springs,  who  are  left  there,  and  who 
have  no  homes  nor  relatives  to  take  care  of  them,  to  be  drawn  up- 
on the  warrant  of  the  Governor.  p«y  r„r  ch«P. 

8.  Sec.  VIII.  And  be  it  further   enacted,  That    the  sum  of  one  I^sST 
hundred  dollars  be  appropriated,  to  the  payment  of  the  Rev.  Mr. 
Fulwood,  Chaplain  of  the  Senate  ;   and    the  sum   of  one  hundred 
dollars  be  appropriated  to  the  payment  of  Rev.  Mr.  Flynn,  Chap- 
lain of  the  House  of  Representatives. 

Assented  to  March  19,  1864. 


TITLE  II. 


CODE    OF  GEORGIA. 

Sec.    1.  Sec- 1670  of  Code  amended,  and  additional  gr  unds  of  Divorce  prescribed. 

(No  99.) 

An  Act  to  amend  the  1070/A  section  of  the  Code  of  Georgia. 

1.  Section  I.    The  General  Assembly   of  Georgia,  do   enact,  That^1^^. 
from  and  alter  the  passage  of  this  Act,  the  following  shall  be  good^™^,^.. 
grounds  for  a  total  divorce  in  favor  of  any  loyal  female,  a  resident ^bidpre" 
of  the  State  of  Georgia  :   1st.  That  her  husband  is  in  the  military 
service  of  the  United  States  ;  2d.  That  her  husband    has  been,  or 
is  voluntarily  within  the  lines,  of  the  enemy,  furnishing   them  aid 
and  comfort. 

Sec.  IL.  Repeals   conflicting  laws. 

Assented  to  March  18,    18G4. 


124 


PUBLIC  LAWS— County  Officers. 


Receivers  of  Tax  Returns  and  Tax  Collectors — County  officers  filing  their  bonds. 

TITLE     III. 


COUNTY  OFFICERS. 


Sec.  I.  Bonds  of  Tax  Receivers  reduced  and 
fixed.  Duty  of  Comp.  Gen.  in  send 
ing  out. 
"  2.  Tax  Collectors  bond  reduced  and  fix- 
ed. Duty  of  Comp.  Gen.  in  sending 
out. 


Sec.  3.  14fi  Sec.  of  Code  repealed. 

'•     4.  Time  extended   for   County  Officers  bo 
give  their  Bonds. 


•         (No     100.) 

An  Act  to  reduce  the  bonds  of  Rcceicers  of  Tax  Returns  and  Tax  Col- 
lectors of  this  State,  and  to  repeal  so  much  of  the  one  hundred  and  for- 
ty sixth  section  of  the  Code,  as  limits  the  securities  on  said  bonds  to  the 
number  of  five. 

1.  Section  I.  Be  it  enacted  by  the  General  Assembly  of  Georgia,  That 

Receiver.  "  from  and  after  the  passage  of  this  Act,  all  bonds  hereafter  .taken 

Jl"  "    s"  from  the  Receivers  of  Tax  Returns  for  the    faithful   discharge  of 

their  duties,  shall   be  taken  for  half  of  the   amount  of  the  State 

tax,  supposed  to  be  due  from  the  county,  for  the  year  in  which  said 

Duty.r       officers  shall  give  bond  ;  the  amount  of  said  bonds  to  be   filled  up 

comp.  G<*'i-ky   the  Comptroller  General  before  being  sent  out  to    the  several 

counties  from  the  Executive  office. 

■  2.  Sec.  II.  Be  it  further  enacted,  That  from  and  after  the  passage 

tor.- bond  re- 0f  this  Act,  all  bonds  hereafter  taken  from  Tax  Collectors,  shall  be 

axed.  a       taken  for  thirty-three  and  one  third1  '  per  cent  more  than  the  State 

tax,  supposed  to  be  due  from  the  county,  for  the  year  for  which  said 

officer  is  required  to  give  bond  ;  the   amount   of  said   bonds  to  be 

comp.  Genu  ^\\e(\  up  uv  the  Comptroller  General  before  being  sent  out  to   the 

several  counties  from  the  Executive  office. 

3.  Sec.  III.  Be  it  further  enacted,  That  the  146th  section  of  the 
Code  of  Georgia,  be  amended  by  striking  out  the  word  five,  and 
inserting  ten,  so  as  to  make  it  read  'such  bonds  shall  not  be  approv- 
ed by  the  approving  officers,  unless  they  have  at  least  two  good 
and  solvent  sureties,  and  not  more  than  ten.* 

Approved  March  17,  1864. 

*See  Code  page  38,  Sec.  140  which  required  not  less  than  2  nor  more  than  5  solvent  sure- 
ties.   This  Act  requires  at  least  two,  and  as  many  as  ten  sureties  are  allowed,  but  no  more. 

(No.  ,101.) 

An  Act  extending  the  time  for  comity  officers  filing  their  bonds  and  ta- 
king out  Commissions.  * 

4.  Section  I.   The  General  Assembly  of  the  State  of  Georgia  do  en- 
act, That  the  Sheriffs,  Clerks  of  the  Superior  and  Inferior  Courts, 


i4Gth  sec.  of 
Code  repeal' 


PUBLIC  LAWS— Distillation, 125 

Dis  illation  of  Grain.  &c. 

Ordinaries,  Tax  Collectors,  Coroners,  and  County  Surveyors  of  this  Time extcnd- 
State,  be,  and  they  are  hereby  allowed  until  the  first  day  of  Juneoffi^togtve' 
in  each  year,  and  Tax  Receivers  until    the  first  day  of  April  next,  -.' 
to  take  up  their  Commissions  from  the  Inferior  Court?!,  and  to  per- 
fect their  bonds;  and  that  the  provisions  of  this  Act  shall  be  appli- 
cable to  said  officers  who  were  elected  in  January  last. 
Sec.  II.     Repeals  conflicting  laws. 

Assented  to  March  21,  1SG4. 


TITLE  IV. 


DISTILLATION. 

Sec.  L.Actof  Dec.  3rd,  1863.  as  to  Distillation  amended. 

(No.  102.) 

An  Act  to  ama/J  an  Act  entitled  an  Act  to  further  provide  for  the 
suppression  of  unlawful  distillation  of  grain  and  other  commodities  in 
this  State,  assented  to  December  3d,  1SG3.* 

1.  SECTION  I.    The  General  Assembly  do  enact,  That  from  and  after  Act0fDec.3r 

the  passage  of  this  Act,  the  before  recited   act  be  amended  as  iol-^i"8'0*18" 

lows  :  The  word  ''twenty"  in   the  fir%t  paragraph  be  stricken  out, ameade^ 

and  the  word  "five"    be   inserted    in    lieu  thereof;    and  that  after 

the  word  "time,'  the  following  words  be  inserted  :  "or  any  other       * 

time  to  which  said  cause  may   be  continued   upon    legal   showing, 

not  to  exceed  twenty  days  from  the  date  of  issuing  the  warrant." 

And  in  the  section  second  of  said  Act,  that   the  words  "unlawful 

sales,"  be  stricken  out,  and  the  words  "sales    of  spirituous  liquors 

contrary  to  any  existing  law  have  been,"  be  inserted. 

•ForActof  Dec.  3, 1863,  Bee  pages  19-21  of  this  Pamphlet  By  that  Act,  Justices  of  the 
Peace  and  Justices  of  the  Inferior  Court  were  required,  on  information  filed  on  oath,  or  from 
being  otherwise  iudoced  to  the  opinion  that  violations  of  the  law  wire  occurring,  to  issue  war- 
raots  for  the  arrest  of  such  violators  And  seizure  of  their  stills— which  warrants  should  I 
tamable  for  trial  in  twenty  days.  This  Acl  makes  them  returnable  in  five  days.  The  Act  referred 
to,  did  not  provide  for  continuances;  this  Act  does,  on  good  cause  shown,  from  time  to'time, 
not  exceeding  twenty  days  in  m  date  of  warrant,  when  the  issue  of  "nuisanci  "  or  "no  nui- 
sance" will  be  tried.    The  Act  of  I  ><  c.  3,  1863,  <ii<l  no(  provide  for  cestipulsory  proc<  m  t"  \>u<- 

cure  attendant f  Jurors.    This  Acl  does,— under  the  usual  legal  penalties  for  such  defaulters. 

■  I  iv  h  ■  tried  in  the  Militia  Districts  whore  such  offences  are  committed,  or  at  theCoonty 
town  of  the  Connty .    For  legislation  on  thissub,  km.  Acts   1862-3,  pages  25--28,  and 

Ml   2,  h!s. i  pages  l9,--21«*f  this  Pam  ,  from  which  it  will  be  seen,  thai  for  violations  of  the  va- 
rious Acts  on  distillation,  not  only  are t hi  ized  and  confiscate  d,  but  the  partii 
liable  to  be  indicted  and  punished,  by  fines  not  lew  I  od  may  be  imprisoned  al 
discretion  of  the  Court,  i                   -','-'  months  for .  it  will  further  appear,  that 
no  person  can  distil  fsi                                       i  a  county,  or  the  <  government,  un- 
der any  contract  or  agreement,  without  a  license  from  the  Governor  of  this  8  Qov- 
eortior  has  an  enlarged  discretion  bytlie  proviaioi  i  ol  the  law,  end   hoi 
Camp  in   their    respective                                  with  vigilant    attention    and   prompt    actio,. 
Incases  of  actual  or  sup                                             es  not  relieve,  in  tin 
ligation  of  every  civil  officer,  who.,,-  duty  it  bAoif  n                                                           zilant 
and  firm,  and  to  make  report  in  all  cases,  when                                                                  .,, in- 
stances which  seem  suspn  ioua  ot  the  same  .  whilst  it  ij  equally  the  <luty  of  all  good 
give  an  active  and  earnest  co  operation.                                                                   'i  II  111; 


126  PUBLIC  LAWS— Evidence. 

Copies  of  deeds  taken  in  evidence. 

2.  Sec.  II  Be  it  further  enacted,  That   in  the  fifth  section  of  the 
juror* may iHjefore  recited  Act,  after  the  word  "freeholders,"  insert  the  follow- 
forced  t«  at-  lng  Words  ;    "whom  such  Judge  or  Justice  are  authorized   to  have 
summoned,  and  who  shall  be  subject  to  the  same  penalties  as  are 
•  now  prescribed  for  defaulting  jurors  in  case  of  refusal  to  attend." 
case,  where       Qm  gEC>  m#  £c  j/  further  enacted,  That  the  following  section  be 
.added  to  the  Act  of  which  this  is  amendatory  ;  That  all  cases  un- 
der this  Act  shall  be   tried   at  the   county  town  of  the  county,  or 
in  the  district  where  the  defendant  resides. 
Sec.  IV.  Repeals  conflicting'laws. 

Assented  to  March  19,  1864.' 


TITLE    V. 


EVIDENCE.. 

Sec.    1.     Secondary  proof  of  deeds,  bond.*,  &c  ,  allowed  in  evidence,  when  originals  are  in  the 

United  States. 

(fto.  103.) 

An  Act  to  admit  copies  of  deeds  and  other  instrumeJits,  in   evidence,  when 
tltc  originals  are  in  the  United  States. 

1.  Section  I.  The  General  Assembly  of  the  State  of  Georgia,  do  en- 
secondary     acl    That  from  and  after  the  passage  of  this.  Act,  in  all  cases  now 

proof  ot  derdri    "-')-"-  _  _  l  o  »  * 

oonde,  &c.,    -nendintr,  or  hereafter  instituted,  the  fact  that  a  deed,  bond,  or  any 

when    onjn-    1  D7  .  i  i    1         i  i  •  l  •/■/»»!  i 

™lsgareiatbc  other  instrument  which  would  be  legal  evidence  it  ottered  as  such, 
is  in  the  United  states,  or  either  of  them,  shall  form  the  same 
foundation  for  the  introduction  of  secondary  evidence,  as  the  loss 
or  destruction  of  the  paper  would  do  ;  and  the  preliminary  fact 
shall  be  proved  in  the  same  manner   as  such  loss  or   destruction 

would  have  to  be  proved. 

» 

Assented  to  March  18,  1864. 


PUBLIC  LAWS— Ex'rs,  Ad<ks,  Guardians,  Ac. 


Property  administered  on-IaT^t  fund*  iu>  Confederate  four  per  ec-nTbonds. 


TITLE  VI. 


EXR'S,  ADMR'S.  GUARDIANS,  &c. 


157 


Sec:  It  Property  may  be  administered  on  in 
aoyoountyto  which  it  may  be  re- 
moved, for*  security  from  the  enemy 


.'.  Adm'ra.  Ex'rs.  and  Guardians  author. 
ized  to  invest  fuud»on  hand,  iu  I  per 
cent  bonds. 


(No.  104.) 


An  Act  to  allow  prisons  to  administer  upon  property  in  the  county    to 
which  it  has  been  moved  for  security  from  the  enemy : 

Whereas,  In  consequence  of  the  insecurity  of  property  in  the  vi- 
cinity of  the  enemy,  and  in  places  imminently  exposed  to  the  depre- 
dations of  tli3  enemy,  that  belonging  to  the  estates  of  deceased 
persons,  in  many  instances,  has  been  moved  away  before  being  ■ 
administered  upon,  and  administration  cannot  be  had  under  the 
existing  law,  greatly  to  the  injury  and  inconvenience  of  persons 
interested. 

1.  Section.  I.  Therefore,  be  it  enacted  by  the  Senate,  and  House  of  Rep- 
resentatives in  General  Assembly  met,  and  it  is  hereby  enacted  b>/  authority  ^°^^^S- 
ofthesame,  That   in  all  cases,  where  on   account  of  the  insecurity  M.iHty.'to",,y 
aforesaid,  property. belonging   to   the  estates  of   deceased  persons EeUfi!o£iar 
has' been  moved  to  a  county*other  than  the  one  in  which   the  de-fwrotSS'aS 
ceased  lived,   the  same  may   be  administered  upon    in  the  county™7* 
to  which  it  has  been    moved,  in  the   same  manner,   and  under  the 
same   restrictions   as  is  now  allowed  by    law    for   adakims.terinff 
upon  property  in  the  county  in  which  the  deceased    lived    at  the 
time  of  his  death. 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  March  19,  L864. 


(No.    105.) 


An  Act  to  authorize  Administrators,  Executors  and  Guardian 
in  Confederal  States  four  per  cent  bonds. 


S  tn    i  llf  tt 


2.  Sec.  I.  I'»  it-enacted,  \- ..  That  from  and  after  the  passage  of **■•!»*«■ 
this  Act,  it  shall  be  lawful    for  Administrators,    Executors,  Guar-^^SSru- 
diansand  Trustees,  to  invest  what  money  they  may  have  on  hand&*« 
in  Confederate  Treasury  notes,   prior  to  the  first  of  April  next.  in&£G££M 


PUBLIC  LAWS— Impressments. 


Govueruor  authorized  to  itnpress  rolling  stock  of  Railroads. 


bonds  of  the  Confederate  States   bearing  four  per  cent  per  annum 
interest.*  • 

Sec.  II.  Repeals  conflicting  laws. 

While  I  do  not  approve  of  the  policy  of  investing  the  estates  of  orphans  and. persons  repre- 
sented by  Trustees,  in  the  present  depreciated  currency,  1  nssenl  to  this  Act  to  avoid  injus- 
tice to  Trusses  and  other  fiduciary  agents  who  have,  in  good  faith,  received  Confederate  notes 
before  the  passage  of  the  late  act  'of  Congress.  t  » 

JOSEPH  E.  BROWN,  Governor. 

March  21,  1864. 

'By  reference  to  Act  of  Dec.  14,  1SG3,  page  29  of  this  Pamphlet,  it  will  be  seen,  that  invest- 
ments in  Confederate  Bonds,  then  issued  or  thereafter  to  be  issued  was  allowed  to.  ExJrs. 
Adm'rs.  Guardian*  and  Trustees,  on  filing  application  to  the  Judges  of  the  Superior  CourtH  in 
their  respective  Circuits  and  obtaining  written  orders  of  permission.  The  above  Act  (No.  105) 
was  obviously  intended  to  dispense  with  the  formulary  of  petition  and  order  aforesaid,  as  to 
investment  of  funds  on  hand,  bona-fide  received,  from  the  passage  of  the  Act,  to  the  1st  day  of 
April  180)4,  the  last  dayof  funding  money  under  the  late  "Currency  Act"  of  Congress.  From 
its  verv  terms,  the  above  Act,  became  void  and  inoperative  after  the  first  day  of  April  1864; 
and  hence  to  invest  hereafter  in  State  or  Confederate  Bonds,  the  application  and  order  pre- 
scribed in  Act  of  Dec.  14,  1863,  are  necessary.       .  COMPILER. 


TITLE  VI!. 


IMPRESSMENTS, 


Sec.  1.  Gov.  authorized  to  impress  rolling  stock 
to  transport   supplies    for  indigent 
families  of  soldiers. 
"     2.  Rail  Road  tracks  may  be  used.  Pro- 
viso. 


Sec.  3.  Compensation  for  use,  how  fixed. 
1    4.  Compensation  may  be  fixed  by  arbi- 
ters. 
'     5.  Expense,  bow  paid. 
1     6.  Takes  effect  from  passage. 


(No.    106.) 


i 


An  Act  to  authorize  the  Governor  to  impress,  in  certain  cases,  the  roll- 
in  o-  stock  of  Rail  Roads,  either  oj  this  State,  or  to  be  found  in  this 
Shite,  not  being  in  use  at  the  time  of  said  impressment,  or  other  con- 
veyance, for  the 'purpose  of  transporting  supjdics  and  [n-ovisions pur- 
chased or  ordered  hereafter  to  be  purchased,  under  any  law  of  this 
State,  for  (he  indigent  families  of  soldiers,  en  paying  just  compensa- 
ion. 
1    Section  I.   The  General  Assembly  do  enact,  That  the  Governor 

Gov.  anthor-  -•■•'  kjls\ji  i\j^     ■•■■•■  ./  ■,  p,i 

bed  to  hn-     ii]  i         r>0wer,  whenever  he  may  deem  the  necessity  of  the  case 

press   rolling   ailtUl  uavv^   jj-»v»  »»  *-*  ,  nl.  t  c  C    4.1.       O    H 

poTt^pii-'may  require  it,  to  impress  any  rolling  stock  of  any  of   the  Kail 

tU^of1  Roads  of  this  State,  or  other   conveyance,  or   of  any  to  be  found 

soldiers.       in  th-g  gtate,  when  the  same  is  not  in  use  by  said  Kail  Roads    or 

other  owners   thereof,  for   the  purpose  of    transporting  supplies 

purchased  for  the  indigent  families   of  soldiers   under  any  law  ot 

this  State.  .  . ,  .  ,   ,    . 

2.  Sec.  II.  And  be  itfurther  enacted,  That  said  impressment  being 


PUBLIC  LAW'S— Militia.  129 


.Militia  law  atnendeU. 


made,  he    shall    have  power  to  use    the  Rail  Road  tracks  in  this  R^a 
State  for  said  rolling   stock,  making  proper  and  suitable  arrange- ^l'1^^ 
nients  with  the  authorities   controlling  the  same  forthat  purpose, 
onsuch  terms  as  are  usual  iu  such  cases;  'provided  nothing  shall  in  ProvUo- 
this  act  be  so  construed    as  to    authorize  an  interference   with  the 
transportation  on  any  of  said  Rail   Roads,   with  the    armies  of  the 
Confederate  Suites,  or  the  supplies  for  the  same. 

3.  Skc.  III.  And  be  if  furtha  juch  compensation 

shall  be  paid    by  the  Governor,    for  the  use  of   said  rolling  stock- u<wfix*d* 
Of  Rail    Roads,  as  well  as    the  tr;  Mich   other  roads  oyer 

which  it  is  passed,  as   is  usual. and  custoniaryia  such   cases  with 
Rail  Road  corporations. 

{.  bEC»  1  \  .  y  other  ci 

is  impressed    under  tins    Act,  and   disagreement  arises  as  to  the a'ran«od  ^ 
compensation  to  be  paid,  the  i!    be  determined    by  three" 

ssors,  one   to  ,  and  proprietor  or  owner 

of  said    conveyan  sctively,  and   the  third,    bythetwothus 

selected*;  and  their  dc<  re  of  compensation 

to  be  paid. 

•").  Sec.  V.  And  be  ■',   That  the  expense  ofthejH! 

transportation  of  said  supplies;  is  id  out. of  moneys  already 

appropriated   for  the  support  of  i  '  families  for  the 

year  1364,  and  to  be   deducted   from    the  amounts  due  those  for 
whose   be  id   expenses  are  incurred. 

Sec.  VI.  Beitfurthci  I,  That   this   act  shall  take  effect1"" 

from  its  passage. 

Assented  to  March  L9.  L864. 


TITLE  VIIF. 


MILITfA. 


8         L.  An    aduii  nts   to  lotli   Sec.  of  Ad  !■:■■■ 

reorganize  the  Militia.        •  wiry  Print  ern,i 

from  Militia  duty. 

(No.  107.) 

,  In  .  Id  to  amend  the  15th  I 

the  militia  of tin  Slati  of  6 
moved  I  I 

L    S  :  lij  of  (fa  <  Bdrnenf 

art,  That  the  follow  fifteenth'  '}'•*»"- nf 

ion:*     Bu1  all  persons  to  whom  certi  i  disability    m;iv 

be  granted  by  DistrK  Q8,  shall  he  subject  tore-examination 

9 


130  PUBLIC  LAWS— Navy. 


Exempts  from  militia  duty — Organization' of  a  navy. 


at  least  once  a  year,  except  those  to  whom  said  Surgeons  may  grant 
certificates  of  permanent  disability. 
Sec.  II.  Repeals  conflicting  laws. 

Assented  to  March  IS,  lSGi. 

"For  Joth  Sec.  -set3  page  53  of  this  Pam- 

(No.  10S.) 

An  Ad  to  exempt  certain  persons  from  service  m  iltc  Militia  oj  the  State 
of  Georgia. 

•J.  Section  II.  Be  it  enacted,  That  the  following  named  persons, 
Jr^oueeeditor^n  addition  to  those  already  declared  emempt,    shall   be  exempted 
^;[1";;CJ',;;;(7 from  militia  duty  under  the  Act  of  the  General  Assembly,  approv- 
^ptw.^d  14th  December,  1863.*     All  State  Tax  Receivers,  one  editor  of 
maitiaduty.  eac]j  newspaper  published  on  the  14th  of' December,  1863,  and  as 
many  persons  employed  in    printing  and   publishing   the  same,  as 
the  editor  may  on  oath  declare  to  be  absolutely  essential  to  its  pub- 
lication ;  and  all  ministers  of  religion,  duly  authorized  to  preach  ac- 
cording to  the  rules  of  their  sect,  in  the  regular  discharge   of  min- 
isterial duties. 

Sec.  II.  -All  conflicting  laws  are  hereby  repealed. 

Assented  to  March  19,  1864. 

"For  specific  exemptions  from  Militia  duty,  to  which  '.lie  above  arc  added,  8  se  Title  "Militia" 
in  this  Pamphlet,  Sec.  XXI,  page  57. 


TITLE  IX. 


NAVL 


Sec-  1.  Private  companies  may  be    incbrpora-ISee,  •-'.  Blockade  running  prohibited  under  con- 
ted    bv    tiling  declaration,    giving!  ditions. 

name,  Capital,  &  c,  Gov.  may  uwiu  Sec.  3.  Violations  of  sec.  2nd,  how  punishi  d. 
certificate  of  incorporation.  Sec.  1.  Capital  stock  may  he  increased. 

(No.  109;) 

An  Act  (■>  encourage  the  organization  if  a   Navy. 

Whereas,  It  is  recognized  by  the  law  of.  nations  to  he  a  right 
of  belligerents  in  time  of  war,  as  far  as  may  be  in  their  power,  to  de- 
stroy the  enemy's  commerce,  in  order  to  weaken  the  Foundation  of 
his  Naval  power,  and  to  use  all  means  of  capturing  or  of  driving 
from  the    Sea,  the  fleets  of  the  enemy,  both    mercantile  and  war- 


PUBLIC  LAWS— Navy.  131 


Organization  of  a  Navy. 


like,  for  the  purpose  of  crippling  him,  and  bringing  him  to  terms 
and  producing  peace;  mid  whereas,  the  Confederate  Congress, 
relying  upon  these  impartial  principles  of  international  law,  and 
actuated  by  the  laudable  desire  of  encouraging  the  people  to  enter 
upon  this  most  effectual, field  for  injuring  our  enemy  and  con- 
straining him  to  honorable  terms  of  pacification,  heretofore  to-wit: 
011  the  LSthday  of  April,  1S63,  passed  an  act  to  establish  a  vol- 
unteer Navy.  Now,  therefore,  for  the  purpose  of  promoting  the 
laudable  policy  of  the  Confederate  Government  in  this  particular, 
and  to  give  such  further  encouragement  as  may  be  in  our  power, 
to  the  organization  of  a  Navy. 

1.  Section  I.   The  General  Assembly  of Georgia,  0%  enact,  That  pri-r^rco 
vate  corporations  having  for  their  object  to  the  Actf^w-ftS 

of  the  Coni e  -:;id,    may    h  1  :  by    any 

number  of  the   citizens  of  this  State,  by   complying  with  the  fol- 
lowing provisions,   to-wit :  A  declaration  oftfii  ihts  specify- 
ing the  objects  of  their  associations,  and  the  busiuess  they  propose 
to  carry  on,  together  with  their  Corporate  name;  and  the'time,  not 
exceeding  thirty  year               '.'sire    to  be  incorporated,  signed    by 
the    Stockholders    aud    accompanied    by   the   oath    of  the  Presi- 
dent, taken  before  some  persou  authorized  to  administer  oaths,  of 
the  amount  of  capital  in  money  or  property  at  its  sworn  valuation, 
actually  paid  in  and  employed,  or  to  be  employed  by  such  corpora- 
tion, shall  he  filed  in  the  office  of  the  Governor  of  Georgia — where-  oov.  m«.v  >*- 
upon    His    Excellency  the  Governor,    upon  being   satisfied  of  the  ^»°offaww- 
good   faith  of  the    parties  concerned,    shall   cause    record  thereof pcratloD- 
to  bo  made,  and  issue  to   the  Company  a  certificate  of  incorpora- 
tion. 

Sec.  II.  Be  It  further  enacted  by  the  authority  aforesaid,  That  it  ™n™K"  pro- 
!.    be  a  violation  of  the  charter  of  any  company  thus  organized,  "mu&E!?™ 
to  -ennge  in    what  is  commonly    called   running  the   Blockade,  for 

purpose  of  bringing  in  cargoes  of  goods,  whether  assorted  or 
not  on  private  account;  but  it  shall  be  lawful  for  them  to  bring 
into  any  of  the  ports  of  the  Confederate  States,  any  goods, 
wares  and  merchandise  allowed  by  the  laws  of  the  Confederacy, 
underwritten  permit,  or  by  written  request,  or  contract  of  His 
Excellency  tl  e  Governor  of  Georgia. 

til.    /•'■  itfu  the  authority  aforesaid,  That  for  violation. or 

:haud  every   violation  of  the  foregoii  n,    any  company pS**.*0-' 

forfeiture  of  their  char- 
1  «•■«*.  1    to   a  foi  f<  all   property  thej  have  in 

,r,l   upon  information   filed  by 
the  S  -ourl    of  any  county   iii 

which  they  ty  ;  and  for  the  ;  b1  detaining 

the  until  adjudication  is  had,  the  Judge  of  the  Superior 

1  rt,  upon  affidavit  of  the  Solicitor  General,  shall  have  power, 
eith  »r  in  open  Court,  to   order  the  sa  nc  a 

and  held    in  custody  by   the  Sheriff,  1  r   the  judgment  of 

the  Court. 


132  PUBLIC  LAWS— Railroads. 

Water  and  lights  to  b<>  kept  in  Railroad  cars. 

4.  Sec.  IV.  Be  It  further  enacted  by  the  authority  aforesaid ',  That  the 
£^i"£* capital  stock, of  any  company   which  may  hereafter  organize' un- 
cmwd.       der  the   provisions  of  this  Act,   may    be  increased  to  any    desira- 
ble amount,    by   filing  a  statement  of  such   proposed    increased 
stock,  .in  substantia]  accordance  with  the  first  section  of  this  Act. 
Sec.  V.  All  conflicting  laws  are  hereby  repealed. 

sented  to  March  21,  1.86  !. 

TITLE   X. 


KAIL  ROAD?. 

Sec.     1.  Water  and  lights  to  be  supplied  oni  merit  and  fine  for  nou-eou;piiance. 

-  •■     3.  Judges  of  Superior  Court  to  gi\ 
ti  ss.  Iiarge, 

••    2.  Conductors  and  ag  nts  liable  to  indict!  ,.  '.»  . 

(No.  110.) 

An  Act  id  require  the  Railroad  Companies  of  this  State,  as  well  as  -t/tf 
Western  and  Atlantic  Rail  mad,   to  keep  water  and  lights  in  tin 
for  •  s,  in  their  respective  trains. 

water  and        SECTION  I.   Tli c  (J .  bly  of  Georgia  -do  enact,  That  from 

iuppii.-'i '','!  and  after  the  passage  of  this  act,  all  Railroad  Companies  in  this 
^urT'mXr  State,  as  well  as  the  Western  and  Atlantic  Railroad,  shall  keep  in 
h«yy  p' ua!_ caoh  passenger  car,  or  in  any  car  in  which  passengers  are  trans- 
lated, a:i  adequate  supply  of  good,  pure  drinking  water,  at  all 
hours  during  the  day  and  night,  and  lights  during  the  night,  for 
the  use  of  the  passengers;  and  upon  the  failure  thereof,  shall  be 
liable  to  pay  a  line  of  fine  hundred  dollars  for  each  and  every  of- 
fence. 

Sec.  II.  Be  it  further  enacted,  That  any  Conductor  or   agent  of 
c«iiaud»ri it said  Roads .beii)"'  requested  by  any  passenger  to  furnish  a  sufficient 

agciiti  liable  ,  ••  -it  • 

to  indictment  gUnnlv  of  water  to  the  passengers  in  each  car  in    the  day  or  night, 

aud  full'   for  11.  .  i        »      1 1  i  •  *      •    1 

m.„.,omPii-  {j^d  light  at  night,  and  shall  pass  any  depot  or  station  without  so 
doing,  shall  be  iiable  to  a  fine  of  one  hundred  dollars,  and  to  be 
indicted  before  the  Grand  Jury  in  any  county  through  which  said 
Railroad  runs,  of  which  they  are  agents  or  Conductors. 

Sec.  III.  It  shall  be  the  duly   of  all    Judges  of  the  Superior 

j«<ige.  of     Courts  of    this  State,  to    give   this  act  specially  in  charge  to  the 

SmS«BdtoGrFanid  Juries  in  their  respective  Courts. 

duuge.  gtS#  jy#  All  conflicting  laws  are  hereby  repealed. 

Assented  to  March  21,  1S61-. 


TUBLIC  LAWS— Relief. 

Relief  of  Habersham  county,  &c. 

TITLE     XI. 


133 


RELIEF. 


S'.'c.     1.  Qu;ir.  Mas.  Gen.  of  G-a.  to  piu'i 
on  1  traiiBp  >rl   c  irn   for  Hal 
county,  ou  conditions. 
"  '  2  '  Ltut< 

counties. 


S  sc.    '■'.  ( lertifteate Of  Justices  of  In: 'i 
required  in  advi  i 
"    4.  Punda  how  drawn. 
'•    ■>.  Money  rec'd  paid  iuto  Treasury. 


(No.   111.)  -\ 

An  Act  for  lii  'liahi  rsluim  county  and  all  other   counties  in  this 

Slate  alike  destitute,  a vd  for  other  purposes, 

1.  Section  I.  The  General  Assembly  of  the  State  of  Georgia  do  enact, 

That  the  Quartermaster  General  of  this  State  is  hereby  authorized  S<Kto£lr- 
and   required  to    purchase  and  ship  to  such  point  on  the  Railroad \lZ'^,->,m 
as  the  Justice  of  the    [nferior   Court  of  Habersham    county  may S«m  c^m 
designate,  such  amount  of  corn  as  the  Governor  in    his  discretion ''"nrt,,,OI,K- 
may  order,  not  to    exceed  ten  thousand  bushels  ;  such  corn  to  be 
delivered  to  the  order  of  the  Justices  aforesaid,  upon  tiie  payment 
of  the  cost  of  said  corn  and  the  freight  thereon  ;  provided,  the  per- 
son or  persons  applying  for  said  corn  shall  file  his  or  her   affidavit, 
that  saitl  corn    is  for   the  use    of  the  citizens    of  said    county  and 
not  for  the    purpose  of  speculation  or  distillation, 

2.  Sec.  II.  And  be  if  further  enacted,  That  the  benefits  and  priv-me5tf»',?Ul- 
-  of  this  Act  shall  be  extended    to  any    county    in  this   rotate «wutie«. 

alike  destitute  with  the  said  county  el'  Habersham. 

.  III.   Be  it  further  enacted,  That    it  shall  not  be  Uie  duty  o{cam<***t& 
(Quartermaster  General  to  make  any  purchase  under  tins  Act, i>»r. cowtre- 
until  the  .Justices    o{  the  Interior   Gourfc   ot  the    several  com:; 
claiming  the   benefits  of  this  Act.  shall  have  certified   under    oath 
to  his  Excellency  the  Governor,  the  amouid  ol  corn  in   their  judg- 
ment absolutely  necessary  tor  tee  people  of  their  respective  coun- 
ties, and  the  Governor   shall    have    informed   sail    Quartermaster 
General  what  amount,  in  his  judgment,  might  to   be  furnished  to 
each  Buch  application;  and  then  it  shall  be  his  duty 

at  once  to  purchase  and  ship  as  much    of  said  corn  as  can  be  pro- 
cure 

■1.  Sec.  [V.  And  be  it  furtJter  enacted,  That    it  shall  be  the  duty 
of  his    Excellency   the    Governor,   to   draw  his  warrant  on  fche£Sra.b0^ 
Treasury  for  the  amount  of  moue.  try    to    pay   for  the  pur- 

chase and  transportation  of  said  corn,  to  he  paid  out  of  any  money 
in  tiie  Treasury  not   otherwise  appropriated. 

Sec.  V.  And  bi  it  jurther  enacted,  That   the   money   received  ";;••■ 
from  the  several  counl  lid  eorn,  shall  be  paid  into  the  Trea^-™*""*- 

ury  by  said  Quarter  ral. 

'Assented  to  March  21,  LS 


/ 


t 


134  PUBLIC  LAWS— Supreme  Court  Decisions. 

Decisions  of  Supreme  Court 

TITLE   XII. 


SUPREME  COURT  DECISIONS. 

See.    1   Reporter  of  Supreme  Court,  to  furnish  Clerks  of Supreme  Court  with  pamphlet  deci- 
siuna  of  each  session. 

(No.  112.) 

An  Act  to  require  the  Reporter  of  the  Supreme  Court  to  piiblisfi  the  deci- 
sions of  the  Supreme  Court,  in  pamphlet  form. 

Suction  I.  Be  it  enacted  by  the  General  Assembly  of  Georgia.,  That 
Rep.orsUp;nmie  Reporter  of  the  Supreme  Court  shall  publish,  as  soon  as  possi- 

C  t  trwuriiisu  L  m  ■  •       i  '       rs  /~*  i  "l         *     *  j_  1  / 

aerk«.  of  the  weafter  eacD  session  ot  the  Supreme  Court,  the  decisions  thereof. 

Sap  r  Court  .  ipi  ii  *        i  •   i    n 

m'^Sm  i11  pamphlet  form,  instead  of    bound  volumes.     And  said  Keporter 
Iwhw   shall  furnish  to  the  Clerk.-,  of  the  Superior  Courts  of  each  county,. 

three  copies  of  his  reports  in  pamphlet  form,  to  be  paid  for  out  of, 

the  contingent  fund  of  this  State. 
Assented  to  March  21,  1864. 


TITLE  XSII. 


Cotton  and 


TAXEs 

Sec    I.  Gotten  and  other  property  of  Confed  |  "    2.    Former  ta  a  released,  and 

Gov.   exempt  from  taxation   in   thid  refunded. 

State.  1 

(No.  113.) 

An' Act  to  exempt  from  taxation,  cotton  and  other  proper  y,  owned  by  om 
Confederate  Stairs  Government,  in  this  Slate,  and/or  other  p.urjx 

1   Suction  I.  The General  Ass[emhhf  of Georgia  do >emct,  Thatfrpiij 
Zfofffiand  after  the  passage  of  this  Act,  in  addition  to   lands,  mines   and 
fctST  minerals,  of  our  Confederate  States  Government,  now  exempt  from 
tbUS,"t"-      taxation,  all  cotton,  or  other  property,  held,  and  owned,  in  this 
State,  by  the  Confederate  States  Govern  men  t,  be,  and  the  same  is 
hereby  exempt  from  taxation. 
Former  texe.     g    g?C    H   Be  it  further  enact&l.  That  where  any  cotton  beloogr 
§«?5a*inftrtoth^  Confederate  States  Government,  has  been  returned  for 
■        taxation,  during  this  year,  and  the  taxes  been  paid  to  any  Tax  Col- 
lector, said  officer  is  hereby  authorized  to  release  said  property  from 
taxation,  arid  to  refund  the  money  collected  on  the  same  for  tax. 
Assented  to  March  21,  1S64. 


LOCAL    A3D   PRIVATE  LAWS. 

Title  L— COUNTY  COURTS. 
<:    .  II.— EDUCATION . 
«       III.— INCORPORATIONS. 
«       iv.— INTERNAL  TRANSPORTATION. 
"       V.— RELIEF. 


TITLE     I. 


COUNTY   COURTS. 

Sec.  l.  Ini'r.  Court  of  WaehiDgton  county  (for  county  pnrposee)  to  be  held  the  first  Tuesdays 
in  each  month. 

(No.  114.) 

An  A<i  to  repeal  an  Act,  entitled  an  Art  to  change  the  time  of  holding 
the  Inferior  Court,  for  county  purposes,  oj  Washington  county,  from 
the  first  Tuesday  to  the  first  Wednesday  in  each  month,  assented  to 
April  11th,  1SG3. 

1.  Section  I.  Be  it  enacted  by   the    General  Assembly  of  the  Stated 
qfQeorgia,  That  from  and  after  the  passage  of  this    Act,    the  Actt^f^'o" 
entitled  an  Act  to  change  the  time  of  holding  the  Inferior  Court  of 
Washington  county,  for  county  purposes,   from    the  first  Tuesday  J';,,;;,';;!' 
to  the  first  Wednesday  in  each  mouth,  assented  to  April  17th,  1SG;{, 
be,  and  the  same  is  hereby  repealed. 

Sec.  II.  Repeals  conflicting  laws. 

Assented  to  March  19,  1S64.  » 


TITLE  II. 


CATION. 

s.  i  •  118  appropriated  to  make  np  d  I  FundofW  ■.  18GH. 

(No.   II--).) 

An  Act  to  appropriate  four  hundred  ami  eighteen  dollar* for  tin  Common 
School  Fund  of  the  county  of  Wilcox  for  th>  -<>:;. 

I.  Section  I.  The  Qtnerai  Assembly  G     j;ia  do 


13G  PRIVATE  AND  LOCAL  LAWS— Incorporations. 

Amend  act  incorporating  the  town  of  Fort  Gaiues. 


enact,  That  the  sum 'of  four  hundred  and  eighteen   dollars  be,  and 
mlke'^p'  de-the  same  is  hereby    appropriated,    to  be  paid  out  of  the    common 
^onfetu.T' School  Fund   at  the  next  distribution,  to  the  common  School  fund 
rnx'o',!  X?1" of  Wilcox  county,  in  order  to  make  up  the    deficit  to    which  said 
county  is  entitled,  in  consequence  of  the  amount  not  having  been 
drawn,  to  which  said  county  is  equitably  entitled. 
Assented  to  March  IS,  1864. 


$;  113   appro- 


1E63 


TITLE  III. 


INCORPORATIONS. 

Sec.    1.  Prescribes  days  for  election  of  municipal  officers  of  Fort  Gair.es. 

(No.  116) 

An  Ac  to  amend  an.  Act  entitled  an  Act  to  incorporate  the  town  of  Fort 
Gaines,  in  the  county  .of  Clay*  to  define  its  jurisdictional  limits,  and 
for  other  purposes  therein  mentioned,  assented  to  Ajnil  ISth,  1S63. 

1.  Section  I.  Be  it  enacted,  That  the   first  section  of  the  above 
recited  Act,  be  so  amended  as  to  authorize  the  election  of  the  offi- 
rr!,','''"cers  prescribed  in  said  section,  on  the  first  Saturday  in  May  1864, 
X^o1     and  the  first  Saturday  in  January  in  each  year  thereafter, 
^rfuames.      Sec>  jj    Repeals  conflicting  laws.  .  % 

Assented  to  March  IS,  1S64. 


PRIVATE  AND  LOCAL  LAWS— Internal  Transportation.     107 

Columbia  <Sc  Augusta  Railroad  Company. 


TITLE  IV. 


INTERNAL    TRA.VSPORTATfOX. 


COLUMBIA  AND  AUGUSTA  RAIL  ROAD  COMPANY. 


I.  The  C  ilumbiaand  Hamburg  iJail  Road 

Company  incorporated,  and  name 
changed  id  "Columbia  and  Augus» 
ta  i!  n!  Road  Company."  All  for- 
mer acta  <>i  President ,  Directors  and 
Stockhol  lerfl  ratified.  Corporati 
powers  and  franchises. 

J.  Affairs  to  be  managed  by  a  Hoard  ot 
1-2  D  ted  byand  from  tin 

■  kholders. 

.:.  Numbei  of  v\  tea  to  which  Stockholders 
are  entitled,  gra  luated  by  numbei 
of  shares  held.  In  matters  of  elec- 
tions, &  o.  a  majority  of  ulltheshuret 
shall  be  represented  in  person  ur.bj 
proxy.  A  smaller  number  may  ad- 
journ from  lime  to  time,  till  a  quo- 
rum i  -  obtained. 

4,  President  hbw  elected.    Directors 

inualiy.  The  Pi  esidenl  or  no} 
I  >.n  itur  removable  at  a  gen 
called  meeting.  President  and  I 
Directors  constitute  u  Hoard  foi 
business,  or  6  1  tirectors  in  absence  ol 
President,  one  of  whom  shall  be 
President  pro  <om.  Vacancy  ol 
Presi  lent  or  Direi  tors  how  filled. 

'>.  Annual  meetings  of  Stockholders  pre 
scribed, and  time  and  plaoe  how  de 
termined. 

6.  If  no  election  of  Directors  is  held  at  thi 
regular  annual  meeting,  the  by< 
laws  may  prescribe  how  held  aft<*r- 
wards. 

.  how  called. 

8.  All  contracts  authenticated  by  tin 
President  tnry,  binding, 

without  a  seal. 

\  May constrncl  a  Kail  Road,  Initial  am! 
terminal  points,  with  c  rtnin  con 
necl i  >ed      l '  "■■  isoes   as 

•  to  the  consent' of  the  City  Anthori 
ties  ol  Augusta  and  Ra.  R  R.  <  !o 
The  use  of  any  finished  part  or  sea 
tion  ant  hoi 

10,  Rates  of  freight  and  fare  to    b< 
by  B 

II.  Hay  farm  out  right  of  transportation 
Liable  ai  commort  cat  • 

i  a   re 
quired,  the    share  or  ahari 
Stockholder  may  be  b  .11  at   pqbln 

BUCtl  irplns    of   the   sale. 

how 
men) 

nal  propi  ietnr  from  paj 

Ins  full    share.     Additional 
li\  luit.    Forfeiture  of  shares  nfde 
linquent  aubscribera  authoi 
iys'  notice. 


See 


Sto< !;  transferruble. 

>ee.    I        I  StO<  It    lllliy    be    iitc'.Teaseil    to' 

live  million.-',  if  necessary.     Indivi  I- 

nal  Stockhol  lers  have  preference  in 

J  the    shores   to  be    raised.      If 

i  ol  tul  kholders,  books  of 

subscription  may  be  opened, 
Sec.  15.  President  and    Directors  may   borrow 
y,  and  issue  certificates,  bonds, 
&  p.     Miv 

Annual  reports   of  the    condition  of 

Comp  my  to  be   made  to  a  general 

kholders ;  and   bye 

may  prescribe  for  occasional 

meetings. 

--  e.   17.  Company  may  purchase  and  hold  real 

estate  for  pilrpoaes  connected  with 

it.s  on 

-  .  18.  Public  roads  maybe  run  aorosB  and 
along;  but  win  n  obstructed,  new 
roads  to  be  provided  by  Company. 
Draws  to  be  made  in  bridgi  a  .\  er 
navigable  streams. 

See.  19,  On  disagreement  as  lo  value  of  any 
lands  or  right  of  way  ne< 
s.-tiemeiit  to  be  ma.iie  by  Commit; 
sioneis  How  appointed  Benefit 
ami  damage  the  criteria  of  valua- 
tion. Appea1  to  jury  authorized. 
Proceedings  of  Commissioners  witli 
lull  desci  iption  of  land  lo  be  returned 
to  the  Court  issuing  Commission. 
Record  of  proceei 

Company.    Ten  .  b   to  be 

given   by  applicants  to  owni 

minors,   or  persona  hon 
compos  mentis,  gi  obe  no- 

tified.   Notice  by  publi- 

cation  to  be  given  to  parties  "not  to 
be  found."  Appeals  not  to  retard  the 
work.     Pending   appeal.  Company 

B   bond  and  seem  .' 
nal  recovery. 

See.   20.    In  absence  of  contract.  ,  the  Ivoiid  pre- 
sumed to  be  properly   in  posi 
of  any  lands  li  aversed,   with  I 
on  either  side  from   center   of  track. 
ments  for  right  ofway  to  be 
made  within  I J   months    alter   com- 
pletion ol    Road   through   an 
land,  or  bai  iter.    Rights 

offc  i  ants  not  af- 

fected till  2  rears   after  removal  of 
disability.      Parohasi  I  •    ol    R< 
any  part,  at  • 

it  up  according  to  original  charter. 
ranted  State  lands    within  certain 
lance  may  be  appropriated. 


13S    PRIVATE  AND  LOCAL  LAWS— Ixtkhnal  Transportation. 


Columbia  &  Auguatn  Railroad  Company. 


Sec. 
Sec. 


§(  e. 

• 


22.  Intrusions  on    said  Road,   how    pun-  Sec 
islied. 

5&.  Persona  damaging  or  obstructing  Baid 

Road,    or  tiding  in    tin:  same,   in- Sec 
dictable.    Punishment.     Pleaofbe- 
ing  agent   oruervanl    disallowed,  in  Sec 
cases  of  injury  done. 

21.  All- obstructions  to  free  passage  de- 
clared public  nuisances,  and  may  In- 
abated  as  shell ;  and  persons  causing 
tiicm  indicted. 

25.  May  prescribe  rules  of  priority  in 
transportation;  likewise  general  rate* 
in  in-  published,  and  special  rat<  s  for 
partiou.ar  owners.    Charges  for  sto- 


■y. 


28, 


S<-c.  29. 


May  be  crossed  by  any  Hail  Road 
hereafter  chartered  bj  the  State,  bo 
as  not  to  obstruct. 

Semi-annual  dividi  mis  of  profits  to  be 
made. 

Charter  of  Columbia  ami  Hamburg 
Kail  Read  continued,  where  not  re- 
pugnant to  this. 

Private  property  of  Stockholders, 
equal  to  amount  ofbtock,  liable  for 
debts.  Company  may  be  Bned  in 
Corporate  name;  and  on  execution 
obtained,  corporate  property  shall  be 
first  subject — and  private*  property 
ol  Stockholders  afterwards. 


\:  {tambnr^  R 
It.  Bo   iu«  u  - 

ed  to  Colum- 
bia >c  Aiuu.ta 
It.  It.  Co. 


All  former 

of  I'ns! 
dent,  direc- 
tors and  stock 

holder*   rati!" 
ed. 


Corporate 
powers  anil 


ASViir*  to  bd 
managed  bj  •> 
board  of  12 
directors. 


ler    of 

Which   ttoc-k- 
holilers   aro 
entitled,  grad- 
uated by   No. 
vt  share,  held, 


(No.  1 17.) 
An  Act  to  incorporate  the  Columbia    and  Augusta   Rail    Road  Comjui- 

1  Section  I.  Be  it  enacted  by  the  General  Assembly  of' the  State. 
of  Georgia  That  the  Columbia  and  Hamburg  Kail  Road  Company, 
which  has  been  formed  under  a  charter  granted  by  the  General 
imbly  of  the  State  of  South  Carolina,  ratified  on  the  twenty- 
first  day  of  December,  in  the  year  of  our  Lord  one  thousand  eight 
hundred  and  fifty-eight,  be,  and  the  same  is  hereby  incorporated 
by  the  name  of  the  Columbia  and  Augusta  Itai!  Road  Company; 
and  ail  acts  and  things  heretofore  done  by  the  Stockholders  of  said 
compauv,  and  by  the  President  and  Directors  heretofore  elected  by 
them,  be,  and  the  same  are  hereby  ratified  and  made  lawful,  in  as 
full  and  ample  a  manner,  as  if  they  had  been  authorized  and  al- 
lowed by  the  said  charter.  ^Provided,  the  same  were  not  in  viola- 
tion of  existing  law  or  laws,  or  of  the  Constitution  of  this  State, 
or  of  the  Confederate  States  of  America  ;  and  by  the  above  title, 
the  said  Stockholders  shall  have  corporate  existence  in  this  State 
and  in  the  btate  of  South  Carolina,  if,  in  corpora  ted  by  that  State; 
and  shall  have  perpetual  succession  of  members  ;  may  have  a  com- 
mon seal,  may  sue  and  be  sued,  plead  and  be  impleaded,  in  any 
(Jourt  of  law  or  equity  ;  and  may  make  all  such'rules,  regulations 
and  bye-laws,  as  are  not  inconsistent  with  the  laws  or  Constitu- 
tion of  this  State,  the  State  of  South  Carolina,  or  the  Confederate 
States;  Provided,  that  service'of  process  upon  the  principal  agent 
of  said  Company,  or  any  Director  thereof,  shall  be  deemed  and 
taken  to  be  due  and  lawful  notice  of  service  of  process  upon  the 
Company,  so  as  to  bring  it  before  the  Court. 

2.  Sec.  II.  Be  it  further  enacted,  That  the  affairs  of  said  Com- 
pany shall  be  managed  and  directed  by  a  general  board,  to  consist 
of  twelve  Directors,  to  be  elected  by  the  Stockholders,  from  and 
amongst  the  Stockholders  residing  in  this  State. 

3.  Sec.  III.  Br  it  further  enacted,  That  the  election  of  Direc- 
tors shall  be  by  ballot ;  and  each  Stockholder  at  any  general 
meeting' of  the  Company  shall  be  entitled  to  one  vote  upon  all 
shares  held  by  him,  not    more  than  fifty  ;  to    one  vote  for   every 


PRIVATE  AND  LOCAL  LAWS— Internal  Transportation.     139 


Columbia  it  Aut,ru!<tH  Railroad  Company; 


five  shares  upon  all  shares  held    by  him    more  than  fifty,  and    not 
more  than  one  hundred  ;  and  upon   all  shares  more  than  one  hun-i»  matters  of 
dred,  to  one  vote  for  every  ten   shares,  to  be    given  by  the  Stock-a!.'»P; 
holder  in  person,    or  by    his  proxy,    in  all  elections,  and  upon  all«uaiibexepre- 
matters  to  be  submitted  to  the   deeision  of  the  Conpanv  ;  and   to  ZTl*  "yv"~ 
constitute  a    meeting  of    the  Stockholders,    authorized    to    make1"'0 
elections,  or  to  decide    upon  any  matter    upon    which    it  shall  be 

■  1,11,1  i  •     •  -x  I  ^  ►mailer  No. 

necessary  for  the  Stockholders  to  act  as  a  company,   a  majority  ot  way  adjou™ 
all  the  shares  shall  be  represented,  by  the  Stockholders  themselves,  till"  «uquo- 
or  by  his,  her,  or  their  proxy,  or  proxies,  and  if  a    sufficient  num-Utned!  " 
ber  do  not  appear  on  the  day  appointed,  those  who  do  attend  shall 
have  power  to  adjourn  from  lime  to  time  until  a  quorum  shall  be 
obtained. 

4.  Sec.  IV.  Ik  it  further    niacin],  That  the    President  of  the  rv 
Company  shall  be  elected  by  the  Diereetors,    from   amongst  their 
number,  as  the  regulations  ol   the    company  may    prescribe;  and j,lrector, 
the  Stockholders  ,  at  each  annual     meeting,  shall  elect  twelve  in-:,1,.;"'1  »»"«- 
rectors,  who  shall  eon;  nine  in  office;,    unless  sooner  removed,  until 

the  next  annual  meeting  after  their  election,   arid  until  their   sue-      • 

O  i  In-  President 

cessors  shall  be  elected,   and  shall   enter  upon  their   duties;  |>nt  r"»>  i>m<- 

the  President,  and  any   of  the  Directors,    may  at    any  time  be  re-* 

moved,  and  the  vacany  thereby  occasioned,  be  idled    by  a  majori-^g- 

ty  of  tin!  remaining  Directors,  at    any  general   or  called   meeting. 

The  President  and  any  five  or  more    Directors  shall   constitute    a .-,.,,- »,..r..  o\- 

Board  for  the  transaction  of  business;  and  in    case  of  the   absence 

of  the  President  from  sickness  or  other  cause,  six    Directors,    i 

i  ,iii  •       i  i  »      •  ■     j_  in 

ot  whom  shad  be  appointed  to  act  as  *  resiaent  mo  tern,  shall  eon-r 

stitute  a  Board.     In  case  oi  a    vacancy   m    the    ©fnee    of    rresi- he  msidou 

dent  or  any  Director,  from    death,   removal,   resignation    ordisa-1, 

bility,  the  same    may  be  filled    by  a    majority    ol    the    remaining!, 

members  ol  the  board  until  the  annual  meeting.  'illrd- 

5.  Sec.  V.  And.be  it  further  enacted,  That  there  shall   be  annui 
meetings  of  the  proprn  tors  ol  l  lie  stock,  at  such  times  and  plac  [  ];;;;; 
as  the  preceding  annual  meetings  shall  have  appointed.  t  At  such.  ] 

or  at  any  special  meeting,    proprietors    of  stock  may  attend   and ««"™nto«»< 
vote,  in  person,or  by  proxies, ,  under  ^m;\\    regulations  as  the  bye- 
laws  shall  prescribe. 

.-.  ,     .         •  .  i        nil         i     ■«   ii  1  /•       i 

('».  Sec.   \  I.  And  be  it  further  Enacted,    that  if  the  day    ot  the  i 
nual  election  should  pass,  without  any  election   of  Directors,   the  "-Knur  Smu- 
corporatioq  shall  not    thereby  be  dissolved:  bul  it     shall  be  law- tbW-i«wi 

.••1  i  i  i      i  i    "     i  i  i       i  •  i  '"''v  r:' 

i u  1  on  any  other  day  to  bold  and  make  bucJi  eleel  ion,  in  such  man-h»w  i.od,.i- 

,,,iii  ,i  t'  '  nrdi. 

ner  as  may  be  prescribed  by  the  bye-laws  pi  the  corporation. 

7.  SEC.  VII.  And  be  it  further  enacted^  Thai  special    meetings  of  s 
the  Company   shall]  d,when<  uty    members  of  the 

Company,  or    more,  owning  together    three    hundred  shares    ol 
stock,  shall  require  it.     /  that  public  notice  shall  first  be 

given  of  the  time  and  place  of  such  m  nd  of  the  object  l<»r 

which  it  is  called,  unless  the  interest  of  the  Company  requires  that 
the   cause  of  convening    the  meeting  should  not  be  published,. 


140    PRIVATE  AND  LOCAL  LAWS— Internal  Transportation. 

Columbia  >fc  Augusta  Railroad!  Company. 


and  provided  also,  that  either  in  person,  or  by  proxy,  there  shall  be 
present  at  the  meeting,  a  number  of  persons  owning  together  a 
majority  of  the  stuck. 

8.  SiiC.  VIII.  And  br  it  further  enacted,  That  all  contracts  or 
agreements,  authenticated  by  the  President  and  Secretary  of  the 
general  or  local  board,  shall  be  binding  on  the  company  without  a 
seal  ;  or  such  mode  of  authentication  may  be  used,  as  the  compa- 
ny by  their  bye-laws,  may  adopt. 

9.  Sec.  IX.  And  be  iffufther  niacin],  That  the    company   shall 
rtwctl&i-    have  power,  and  may  proceed  to  construct,  as  speedily   as  may  be 

practicable,  a  Rail  Road  with  one  or  more  tracks,  to  be  used  with 
u-rminar1     steam ,  animal  or  other  power,  which  extends  from  some  point  on 
ffi^!  the  Charlotte  and  South  Carolina  Rail    Road,  in    or  near  the  city 
ST'*16"  of  Columbia,  and  to  cross  the  Savannah    River  at  or    near  the  city 
of  Augusta,  in    the  State  of  Georgia,    and  to  connect    with    the 
Georgia  Rail  Road  in  the  said  city  of  Augusta.     Provided,  the  con- 
sent  of  the   authorities  of  .the  City  ot  Augusta,  and    the   Georgia 
Rail  Road    Company,   shall   first    have   been  obtained.     Provided 
also]  that  the  said  company  may  use  any  section,'  or  portion  of  the 
said  road,  before  the  whole  thereof  shall  be    completed.     Provided 
fur/her,  that  the  Columbia  and  Augusta  Rail  Road  Company  shall 
not  have  power  to  enter  within  the  corporate  limits  of  the  City  of 
of  Augusta  with  the    said  road,    except  upon  such    terms,  limita- 
tions   and  restrictions,  as    may  be  imposed  by    th.e  municipal  au- 
thorities of  the  city. 
Batca  of  10.  SEC.  X.  And  be  it  further  enacted,  That  said  company  shall 

WoCfix-have  the  exclusive  right  of  conveyance  or  transportation  of  per- 
Srpwrtore.  sons,  goods  or  merchandise,  and  produce,  over  the  said  rend  to  be 
by  them  constructed,  and  shall  have  power  to  fix  and  establish 
such  rates  of  charges  for  the  transportation  of  persons,  goods,  pro- 
duce, merchandise,  and  other  articles,  as  the  Board  of  Directors 
may  establish. 

ii.  £ec.  Xf.  And  be    it  further   enacted,  That  said    Company* 

Mnv  farm  out  ,        J  ...  ,,  . 

right  or  trans- w  hen  they  see  lit,  mnv  farm  out  their  rights   ot  transportation   on 
said  road,  subject   to  the  provisions  or  toia  charter  ;  and  said  com- 
l.;1i.!.  axom-pany,  and  every  person  or  company,  who  may  have  received  from 
bod  came*. ^^  ^  right  of  transporting  goods,  wares  and  produce    on  said 
road,  shall  be  deemed  and    taken  to   be    common    carriers,  as  re- 
spects all  goods,    wares,    merchandise    and  produce,  entrusted   to 
them  for  transportation. 
i!"y  niltaV"      12.   Sec.  XII.   And  be  u 'further  am  a 'ed ',  That  if  any  Stock  holder 
qrdr^tuo    Bfiall  fail  to  pay  the  i  nsi  all  men  t  or   installments    required   of  him, 
luritoM^l  on  his  share  or  shares,  by  the  President  and  Directors,  or  a  majori- 
SSSto'St^ty    of  them,  within    one    month; after  the  call  for    the  same    shall 
tion.  hnve  been  advertised  in  one  or  more  papers  published  in  the  City 

of  Columbia  or  Augusta,  as  the  case  may  be,  it  shall  and  may  be 
lawful  for  the  President  and  Directors,  or  a  majority  of  them,  to 
sell  at  public  auction,  and  to  convey  to  the  purchaser  or  purcha- 
sers, the  share  or  shares  of  such  stockholders  so  failing  or  refusing, 


PRIVATE  AND  LOCAL  LAWS— Internal  Transportation.     J4I 

Columbia  >fc  Augusta  Railroad  Company. 


giving  twenty  days  notice  of  the  time  and  place    of  sale  ;  and  after 
retaining  the  sum   due,  and  a!!  expenses    incident  to  the   sale,  out 
of  the  proceeds,  shall  nay  the  surplus  to  the  former  owner,  or  his  Any surplus 
legal  representatives  or  assignees  ;  and  any  purchases  ol  the  stork 
of  the  company,  under  the  sale  by  the  President    and   Directors  as'"' 
aforesaid,  shall  be  subject  to  the  same  rules  and  regulations  as  the 
original  proprietor,  and  no  sale  by  the  original  proprietor  of  stock 
or  assignees,  shall  release  the  original  proprietor    from  his  obliga-miuto 
tion  to  the  company  to  pay  the  whole  amount  "of  his  subscription. 
In  addition  to  the  foregoing  remedy,  the  President  arid    Directors; 
may  proceed  by  action  of  assumpsit  or  debt,  in    any  of  the  courts' 
of  law  of  the  Slates  of  South  Carolina  and  Georgia,  for  the   recov- 
ery of  the  installments  due  and  not  paid  by  any  delinquent  Stock- 
holder or  his  assignees,  who  shall  not  pay  the  same    on  requisition ii 
made  in  manner  or  form  as  aforesaid  :  or  the  President  and  Direc- 
tors, or  a  majority  of  them,  may  declare  the  share  or  shares  of  any  *: 
Stockholder,  in  arrears,  after  twenty  day*'  notice,   forfeited  lor  the 
use  and  benefit  of  the  company. 

L3.  Sec.  XIII.  And  be  it  further  enacted,  That  the  stock  of  said 
Company  may  be  transferred,  in  such  manner  and  form,  as  rnav  be 
directed  by  the  by-laws  of  said  Company. 

14.  Sec.  XIV.  And  be  itfnrthci  enacted,  That  if  the  capital  stock 
shall  be  deemed,  by  a.  majority  o!   the  Directors,  to  be  insufficient, Capital JW* 
it  shall   and  may  be  lawful,  at  some,  general  meeting,  by  a  vote  of 
the  stock-holders,  from,  time  to  time,  to  increase  the  capital 
of  said  Company,  to  an  amount  not  exceeding  five  millions  of  dol- 
lars, by  the  addition  oi'  :  s    many  shares  as    may  be    necessary    for 
that  purpose;  and   the  President    and  Directors  shall  first  give  the 
individual  Stockholders,  for  the   time,  or  their   legal   representa-Shoyiiw 
tives,  the  option  of  taking  such  additional    shares,  and    an    appdr-c^E0/^ 
tionment*  if  necessary,  shall  be    made   awiongst  them  ;  and  if  such 
additional  shares  shall  not  be  taken  by  the  Stockholders,  the  Pres- 
ident ami  Directors   shall  cause  books  to  be  opened,  under  the    di- 
rection of  <  Jommissioners,  to  be  appointed  by  them,  at  such  time .ib,^ 
and  phi:  v  shall  designate,  which tinieand  place  shall  be  duly! 

advertised,  foi  subscriptions  for  said  additional  shares,  or  forso  much 
thereof  as  may  not:  be  taken  by  the  individual  Stockholders  as 
aforesaid,  and  the  subscribers  for  such  additional  shares,  are  here- 
by declared  to  be  thenceforward  incorporated  into  said  Company, 
with  all  the  privileges,  and  advantages,  and  subject  to  all  the  lia- 
bilities of  the  original  Stockholders. 

I-"..  Sec,  XV.  And  be  it  farth  !.  That  the   President  and  p 

Directors,  or  a  majority  of  them,  shall  have  power  to  borrow  mon- 
ey for  the  objects ol  t  his  Act  ;  to  i 

evidences  ol  such  loans ;  and  to  make  the  same  convertible  into 
the  stock  of  the  Company,  at  the  pleasure  ol  the  holder:  Provided, 
the  capital  Stock  of  Said  Company  shall  not  thereby  be  increased 
beyond   five    million  of   dollars  ;  also,  to  mortgage,  or  otherwise 


142     PRIVATE  AND  LOCAL  LAWS— Internal  Transportation. 


Columbia  &  Augusta  Railroad  Company. 


"ge  and"  pledge  the  said  road,  and  any  of  the  property  of  the  Company,  to 

fed'ancuts  secure  such  loans,  and  the  interest  thereon. 

property.  j6    gE0<  XVI.  And   be   it  further   enacted,  That  the   Directors 

Annual  re-  shall,  once  id  every  rear  at  least,  make  a  lull  report,  on  the  state 

ports   of  the        „  -^  i    ■  ,,>    •  i  •  „  ,-, 

condition  of  of  the  Company,  and  its  affairs,  to   a  general  meeting  of  the  Stock- 

O*  to  be  made  ^ 

to'a  general  holders;  and  shall  have  power  to  call   a  general    meeting   of  the 

BtockhoiderB,  S tockholde i's,  when  the  Board  may  deem    it    expedient:  and  the 

and    bve-laws  ~  ,  .  ,       .  ,       .      ,  ,*  ..  .  . 

may  provide-  Company  may  provide  in  tneir  by-Jaws,  ror  occasional  meetings  be- 
!•.      ing  called,  and  prescribe  the  mode  thereof. 

J7.  Sec.  XVII.  And  be  if  further  enacted,  That  the  said  Company 
iUiay  purchase,  have,  and  hold  in   fee,  or  for  a  term  of  years,  any 
BMtecou- lands,  tenements  or  hereditaments,  which   may  be  necessary  for  the 
business  of  said  Road  ;  or  for  the  erection  of  depositories,  storehous- 
es, houses  for  the  officers,  servants,  or  agents  of  the  Company  ;  or 
for  workshops,   or  foundries    to   be  used  for  said  Company,  or  for 
procuring  stones,  or  other  materials,  necessary  for  the  construction 
of  the  Road,  or  for  effecting  transportation  thereon;  and  for  no  oth- 
er purpose  whatever. 
PaWicroad*       J  8.  Sec.  XVIII.  Akd  he ''ii l  further  enacted,  That   said   Company 
may  be  run  s]iall   have  the  right,  when  necessarv,  to   conduct  the  said  road 

una  O    .. '  •  •/  ' 

|Jnenoortruc-aCrOSS'   0r     a^0nn'   'dnY  PUDHc  Y0'd^  01"   VValei'  COUI'SC  ;     Provided,    that 

fed.theCo.    the  said  Company  shall  not  obstruct  any  'public  read,  without  con- 

1 1  provide  I         ./  J     1 

^ewroads.     structing  another,  equally  as  good  and  convenient* as  may  be  ;  nor 
Dr7^t0  he  without  making  a  draw,  in  any  bridge   of  said    road,   which   may 

made  m  O  '  _   Jm  .  o  J 

bridges  oyer  na8g  a  navigable  stream,  sufficient  for  the  passage  of  vessels    navi- 

nav4gable         1  o  i 

streams.       gating  said  stream  ;  which  draw  shall  bo  opened  by  the  Company, 

for  the  free  passoge  of  vessels,  navigating  said  stream. 
n    ,.  19.  Sec.  XIX.  And  be  it  fun  her  enacted,  That  when   any  lands, 

On  disagree-  •         i     l  •   l     r\  r         ii 

ment  as  to    or  rights  of  way   may  be  required  bv    said  Company,  for  the  pur- 

value  ul  any  °    _  J  i       •  1  i    /•  £> 

lauds  or  ri^t  pose  of  constructing  their  road,   and  for  want  of  agreements  as  to 

of  wayneceii-  1  -       °     _  .  .  '  '. 

sary,  »ettie-   the  value  thereof,  or  from  any  other  cause,  toe  same  cannot  be  pur- 

meut   to    be  '  •>  .  1,1  r      i 

madeby com- chased  from  the  owner  or  owners,  tiie  same  may  be  taken  at  a  val- 
uation,  to  be  made  by  five  Commissioners,  or  a  majority  of  them,  to 

Coin's   bow  /-.  c  11-  "l  •         •     1' 

appointed,     be  appointed  by  any  Court  of  record,  having  common  law  jurisdic- 
tion   in    the   County,  or   District,  where  some  part  of  the  land  or 
right  of  way  is  situated.     In  making  the    said  valuation,  the    said 
damage  lie    Commissioners  shall  take  into   consideration    the    loss   or  damage 
nation?9  Va*  which  may  occur  to  the  owner  or  owners    in  consequence  of  the 
land  being  taken,  or  the  right  of  way  surrendered,  and    also,  the 
benefit  and   advantage,  such  owner,  or  owners,  may  receive  from 
the  erection  or   establishment  of  the    R;iil   Road,  or   work,  and 
shall  state,  particularly,  the  nature   and   amount  of  each  ;  and  the 
excess  of  loss  or  damage,  over  and  above  the  advantage  and  bene- 
fit, shall  form  the  measure  of  valuation  of  said  land  or  right  of  way, 
tLW*to\nTy Provided,  nevertheless,  in   case    either  party  shall   appeal    from    the 
authorized.    vaquation,  to  the  next  session   of  the  Court  granting  the   commis- 
sion, and  giving  fifteen  days  notice  to  the  opposite  party  of  such  ap- 
peal, the  Court  shall  order  a  new  valuation  tp  be  made  by  a  jury, 
who  shall  be  charged  therewith,  in  the  same  term,  or  as  soon  as  pos- 


PRIVATE  AND  LOCAL  LAWS— Internal  Transportation.     140 

Columbia  &  Angosta  K.iilrond  Company. 


f 
ta  title  in 


sible  ;  and  their  verdict  shall  be  final  and    conclusive    between  the 
parties,  unless  a  new  trial  shall  be  granted.     The  proceedings  ot'iv,  ,,,iin., 
said  Commissioners,  accompanied  with  a  full  description  of  the  said  ton°E2££* 
land,  or  right  of  way,  shall   be  returned,  under  the  hands  and  sealsKK 
of  a  majority  of  the  Commissioners,  to  the  Court  from  which   the™^".'* 
Commission  issued,   there    to    remain  a  matter  of  record;  and  the 
land  or  right  ofway  so  valued  by  the  Commissioners,  shall  vest  in* 
the  said  Company,  discharged  from  all   previous   liens,  &o   long  as; 
the  same  shall  be  used  for  the  purposes  of  said  Rail  Road,  so  soon 
as  the   valuation  may  be  paid,  or  when  tendered,  may  be  refused, 
Provided,  that  on  the  application  lor  this  appointment  of  Commis- 
sioners, under  this  section,  it  shall  be  made  to  appear  to  the  satis- 
>o  of  the  Court,  that  at  least  ten  days  previous  notice  has  b< 

(applicants  to  the  owner  01  owners  of  the  land,  so 
proposed  to  be  condemned  :  or  it  the  owner,  or   owners,  be  infan 
ov  non  compoi  then  to  the  Guardian  or  Committee,  of  such 

owners,  if  such  Guardian  o[-  Committee  can  be  found  within  the 
.County  or  District:  or  if  he  cannot  be  so  found,' then  such  appoint- 
ment shall  not  be  made,  unless  notice  of  the  application  shall  have 
i  published  at  least  one  month,  next  preceding,  in  some  news-; 
paper,  printed  as  conveniently  as  may  be  to  the  Court  House  ol 
the  County,  or  District,  Provided,  that  when  there  shall  bean  ap-T^md 
peal  as  aforesaid,  from  the  valuation  of  the  Commissioners,  by  ei- 
ther of  the  parties,  the  same  shall  not  prevent  the  work  intended 
to  be   constructed,. from    proceeding.     But    when    the   anneal    is, 

,,,  •    •  i  i  it  i     Appeals    not 

made,  tin-  Company  requiring  the  surrender,  they  shall  be  at  lib-^,r£'tHrd  tho 
erty  to  proceed  in  their  work,  only  on  condition  of  giviug  the  op- 
posite   party  a  bond,  with  good    security,  to   be   approved   by  the  ,„  „„,„«„„, 
Clerk  of  the  Court  where    the   valuation   is  returned,  in  a  penal ty  S5id%|iS 
equal  to  double  the  said  valuation,  conditioned  for  the   payment  of^SSaS'xt. 
the  said  valuation  ami  interest,  in  case  the  same  be  sustained  ;  and'"v,rY- 
in  case  ir  be  reversed,  for  the  payment  of  the  valuation,  thereafter 
To  be  made  by  the  Jury,  and  confirmed  by  the  Court. 

HO.  Sec.   XX.  Aiul  be  it  further  enoctcdx  That;  in   the  absence  of *»»'»*■«»•»' 

-•  •fitractn,    EDO 

any  contract,  or  contracts,  with  the  said    Company,  in   relation  to.'?d,,^P!B,70,n: 
lands,  through   which  the  said   Road   or  its  Branches   mav  ]»ass."lv,,,r>— •- 
in  by  the  owner  thereof,  or  his           .  or  any  claimant,  or  per-jy4^ 
hi  possession  thereof,  it  shall  be  presumed,  that  the  land.  noon '■:';' y:' 
wmen  said  Road,«or  any  ot  its   branches,  mav  be  constructco,  to-tCT'>rtn,olt- 
gether  with  the  space  ofsixty-Hve  f  el  en  each  side  of  the  centerof 
said  Road,  has             ranted  to              npany,  by  the  owner  or  own- 
ers fcl                      he  said  Company  shall  have  good    right,  and  title 
thereto    and  ffhull  have,  hold  and    enjoy  the  -                            the 
1  only  for  the  purpose  of  said  Rail  Road,  dischar- 
ged  from    all    previous   liens,  and  no  longer;  unless  the  perso 

i  -lii  i  i  within 

persons  owning  the  said    land,  at   the  time  that  part  of  the  said \~ mw,th* ,f- 
Road,  which  maj  aid  land,  was  finished,  ortliose  claim- [j;;,,1,,™™^Bd 

ing  under  him,  her  or  them,  shall  apply   for  an  assessment  of  the  ™'*"» '»<'<?.' ■> 
value  of  said  land-,  as  hereinbefore  directed,  within  one  year,  next 


144     PRIVATE  AND  LOCAL  LAWS-^Isternal  Transportation. 


Columbia  &  Augusta  Unilmad  Company. 


after  that  part  of  said  Road,  was  finished  ;  and  in  case  the  owner,  or 
owners,  or  those  claiming  under  him,  her  or  them,  shall  not  apply 
within  one  year,  new  after  the  said  part  was  finished,  he,  she  o» 
they,  shall  be  forever  barred  from  recovering  said  land,  or  having 
any  assessment  or  compensation]  therefor;  Provided,  that  nothing 
herein  contained,  shall  effect  the  rights  of feme  coverts,  or  infants, 
until  two  years  after  the  removal  of  their  respective  disabilil 
and  provided)  also,  thai  if  said  Road,  or  any  part  thereof,  should  be 

at  Execution  sale,  for  the  debts  of  said  Company,  or  otherwise, 
then, and  in  thatcase,  all  the  rights  and   titles   to  the  land,  which 
may  have  been  condemned  by  virtue  of  this  Act,  shall  immedial 
revert  to  the  owner,  or  owners,  unless  the  purchaser,  or  purchas- 

afc  such  sale,  shall  keep  up  the  Road,  for  the  use  of  the  public, 
une  manner,  and  under  the  same  restrictions,  as  by  this  Act 
it  is  contemplated,  "  The  Columbia  and  Augusta  Rail  B  ould 

do. 

21.  Sec.  X  it  Jurth  fed,  That    all    lands,   not 
heretofore    granted,  nor  appropriated    by    law,  to  the    use  of #the 

within ■'  ,o      .  .  '   l    .      L  "    c     .         T>  ,  .    .     , 

State,  within  sixl  <  t  ol  the  center  or  the  Road,  which   may 

ud.app  "'  |)e  constructed  by  said  Company,  as  soon  as  the  line  of  the  Road  is 
definitely  laid  out  through  it,  and  any  grant  of  the  same  thereaf- 
ter, shall  be  v 

22.  Sec.  XXII.   And  he  it  further  enacted,  That  if  any  person,  or 
nersons,  shall   intrude  noon  the  said  Rail  Road,  bv  any  manner  of 

•■<*•  use  thereof,  or  of  the  lights  and  privileges  connected  therewith, 

without  the  permission,  or  contrary  to  the  will  of  said  Company, 
he,  she,  or  they,  shall  forthwith  forfeit  to.  the  said  Company,  all  the 
vehicles  intruded  on  the  said  Road,  and  the  same  may  be  recovered 
by  suit  at  law  ;  and  the  person,  or  persons,  so  intruding,  may  also 
be  indicted,  under  the  laws  now  of  force  in  this  State. 

2o.  Sec.  XXIII.  And  be  it  further  enacted,  That  if  any  person 
p^.,1,- ,  "..:-s]ian  xvillullv,  and  maliciously,  destroy,  or  in  anv  manner  hurt, 
e' hW',^ »?-''  damage,  or  ol  struct,  or  shall  wilfully,  or  maliciously,  cause,  or  aid, 
inginthe  "  or  assist,  or  counsel,  of*  advise  anv  other  person,  or  persons,  to  de- 
,,K  stroy,  or  in  any  manner,  hurt,  damage,  or  destroy,  injure,  or  ob- 

struct,  the  said  Rail  Road,  or  any  bridge,  or  vehicles,  used  for,  or 
in  the  transportation  ;  hereon,  such  person,  or  persons,  so  offending 
"■  shall  be  liable  to  be  indicted  therefor,  and  on  conviction,  shall  be 

imprisoned,  not  more  than  six  months, .nor  $ess  than  one  month, 
and  pay  a  line,  not  exceeding  live  hundred,  dollars,  nor  less  than. 
twenty,  at  (he  discretion  of  the  Court,  before  which,  sued:  convic- 
tion shall  take  place,  and  shall  be  liable  further  ^o  pay  all  the  ex- 
penses of"  repairing  the  same  ;  and  it  shall  not  be  competent  for  any 
pi  „  h.i,..  person,  sp  oli'endii,ig,  against  the  provisions  of  this  clause,  to  defend 
himself,  bv  pleading,  or  giving  in  evidence,  that  he  was  the  own- 
er,  or  agent,  or  servant,  ol  the  owner  of  said  land,  when  such  de- 
struction,  hurt,  damage,  injury,  or  obstruction,  was  done,  orcaus- 
ed.  at  the  time  the  same  was  done  or  caused. 

24.  Sec.  XXIV.  And  be  it  further  enacted,  That  every  obstruction, 


PRIVATE  AND  LOCAL  LA\VS— Internal  Transportation.    145 

C  '  Ulgltsta  Railroad  Company. 

to  the  safe,  and  free  passnge  of  vehicles  on  the  said  Road,  fend  its 
branches,  shall  be  deemed  a  public  nuisance,  and  may  be  abated  asi* 
such,  by  any  officer,  agent,  or  servant,  of  the  Company  ;  and  the! 
persons  causing  such  obstructions,  may  be  indicted  aud  pun  shed,1 
under  the  laws  now  of  force  in  thi 

23.  Sec.  XXV.  And  be  it  further  enacted,  That    said   Company 
shall  have  the  right  to  ;ake,  at  the  store-houses  they  may  establish  . 
on,  or  annexed  to  their  Rail  Road, or  I  be  branches  thereof,  all  goodsj 
wares,  merchandise  and  produce,  intended  for  transportation  ;  pre- 
scribe the  rules  of  priority,  and  charge  and  receive  such  just  and 
reasonable  compensation   foe  storage,  as  the  by-laws  may,  estab- 
lish, which  they  shall  cause  to  bepublished,  or  as  may  be  fixed  by 
agreement   with  the  owner,  which  may   be  distinct  from  the  rates 
of  transportation,  provided,  that  t\w,  said  Company  shall  not  charge,A.tonL«njw 
or  recei\  e,  storage  on  goods,  wares,  merchandise,  or  produce,  which  "r 
may  be  delivered  to  them,  at  their  regular  depositories,  for  imme- 
diate transportation,  and  which  the  Company  may  have  the   pow- 
er of  transporting  immediately. 

26.  Sec.  XXVI.  And  be  it  further  enacted,  That  any  Rail  Road, 
which  may  hereafter  be  constructed  by  the  State,  o,r  by  any  Corn--a*V 
pany,  incorporated  by  the  Legislature,  shall  be  at  liberty  to  cross JuJKS'*^ 
the  road  hereby  allowed  to  be  constructed,  upon  a  level,  or  other- MCnotBt««b° 
wis ..  as  may  be  advantageous  ;  Provided,  that  the  tree  passage  of""1"' 

*;  The  Columbia  and  Augusta  Rail  Road",  is  not  hereby  obstructed. 

27.  Sec.  XXVII.  And  be  it  further  (na-cted,  That  the  profits  of 

the  Company,  or  so  much  thereof   as  the  General  Board  of  Direc-AMforitf 
tors  may  deem  advisable,  shall,  when  the  officers   of  the  Company ££$£**!  '"' 
will  permit,  be  semi-annually  divided  among  the  s1  ickholders,  in 
proportion  to  the  stock  each  may  own. 

.   XXVill.  And  be  it  further   enacted,  That    the    charter  ,„^,rier-of?° 
heretofore  granted  to  the  Columbia  and  Hamburg  Rail  Road  Com   "■»' 
pany,  shall    continue  of  force,  -   it    mav   be    re 

puanant  to  the  provisions  ol  this  Act. 

.XXIX.  .   That    til 

pro  Mini    to    the   amount,  of  his  si 

shall  be  liable  for  tlv  mm     In  the  evei 

the  i  ■'  refusal  ol  the  incorporation,  to  pay  any  i 

by  the  same,  the  creditor  or  <  .   may  sue  the  I 

iy  in  their  corporate  name  :  arid  upon  obtaitiiugexecutioi 
the  Company,  it  shall   first   be  levin!  upon  the  corporate  p 

jiany,  which  shall  be    firs!    liable,  and  upon  the  return 
of  the  proper  officer  or  i  rporate  property    to 

found,  oaid  execution  may  be  levied  upon  an  amount  of  the  private 
property  of  any  stockholder  of  the  Company,  equal  to  tin  .     o 
of  his  stock  ;  if  that  be  not  Buffici<  cution,  then 

it  may  be  levied  upon  the  private  property  of  any  other  stockhol- 
der, equal  to  his  stock,  und  so  on,  until  the  execution  is  fully  satis- 
10 


146    PRIVATE  AND  LOCAL  LAWS— Internal  Transportation, 

Ocmnlgee  River  Railroad. 


lied  ;  and  in  all  cases,  the  levying  officer  shall  be  the  judge  of  the 
amount  of  properly  necessary  to  satisfy  tli<*  Jifa 

30.  Sec.  XXX.  Repeals  conflicting  laws. 

Assented  to,  March  21,  IS64. 

OCMULGEE 'RIVER  KAIL  ROAD. 

Sec.  30.  Corporators  of  Ocmulgec  Rail   Road  manent.Board,wh«'i!  ami  Low  elected 

Company.  Shall  have  thesame  rights;  Su«li  Board  may  elect  President  and 

;m  1 1  privileges  of  Macon  and  Br  una-  other    necesmiry  *fficerB,   pass  by- 

wick  Rail  Road  Co,  laws,  &c.     Regulations  tor    voting. 

"  31.  Iuitial,    intermediate     and     terminal  Board  may  till  vacancies  till  annual 

points.  on,  lix  compensation  of  I'iv.-i- 

"  32.  May  construct  bra  nih  \                 rclla*  <!cul      &c.    Quorum    for    business, 

connect  with  and  cross  other  Rnai  Books  ol     subscription    t<>    cnpital 

i    Shall  construct  an  open  stone  bridge,  stock  may  be  opened  at    discretion 

where  Ihe   Road  crosses  Ocmulp  Board. 

River    at     or    near  Macon,  double  "  '■>'■.  Mode  of  determining  payment  of  righl 

.1,  and  free  for  loot  ami  car  of  way  in  disputed  cases, 

ri  age  passengers.  "  :;'-  Powertota*  Bank  Stock  reservedbj 

•  34.  Capital  stock  bow  much,  and  bovi  General  Assembly, 

vided.    Stock  how  transferred.          i  "  :;:'.  Freights  and  chargei 

"  35.  Corporators  shall  actas  Directors  till]  tivecoutrol. 
new  Board  is  elected 

(Xo.    US.) 

An  Actio   incorporate   t/te  Ocmulgec    Rive?  Railroad,   and  for  otficr 
purposes  tkeiein  mciitymcd. 

cfapmtoK  of     30.  Section  I.  That  for  the  purpose  of  constructing  a  Railroad 
atcS!5"  K  from  the  city  of  Macon  to  the  city  of  Griffin  in  this  State.  Howell 
Cobb,  Eugenius  A.  Nisbet,  William  V>.  Johnston,  Edward  L.  Stro- 
hecker,  Jerry  Cowles,L.  X.  Whittle,  Charles  Day,  JamesA.  Ralston, 
William  B.Parker,  0.  <i.  Sparks,   Thurston   R.  Bloom,  Arthur  E. 
Cochran,  J.  JI.  R.  Washington,  and    George    W.  Price,   and    such 
other  corporators  and  individual*  as  may   be  associated  with  them, 
and  their  assigns^  shallforeverltereafter  Be,  and    they  are   hereby 
made  a  body  politic  and  corporate,  by  the    name   and  style  of  the 
"  The  Ocmulgee  River  Railroad  Company,"  and  by  said  corporate 
name,  shall  continue  in  operation,  with    all  the    rights,   privilegee- 
SSrixht.&and    immunities    granted  to    the  Macon  and  Brunswick   Railroad 
KlaSjrjL Company  by  their  act  of  incorporation,  and  the  several  acts  amen- 
datory thereto  ;  and  the  same  are  made  a  part#  of  this    charter,  „so 
far  as  is  applicable  to  the  same. 
£!£rt.Md"      3L  SeC.  II.  That  said  Company  shall  have  full  power  and  au- 
JSSEto.*1      thority  to  survey,  lay  out  and  construct  a   rail  road,  from    the  city 
of  Macon,  by  the  way  of  the  Indian  Springs  in  the  county  of  Butts, 
or  to  such  point  or  place  as  near  thereto  as  may  be  found  practi- 
cable, to  the  city  of  Griffin  in  this  State,  and    the    same  to  equip, 
use  and  enjoy. 

32.  Sec.  III.  That  said  company  shall  have  the  power  to  con- 
&TrM,h  struct  such  branches  as  they  may  see  fit,  not  interfering  with  the 
w»ob,4c  cjjartere(j  rights  of  any  other  incorporated  company  now  in  exis- 
tence, without  the  consent  of  such  company  ;  and  to  connect  said 
road  and  its  branches  with  any  other  road  now  constructed,  or  to 
be  hereafter  constructed,  and  to  cross  the  same  wherever  it  may 
be  found  necessary. 


PRIVATE  AND  LOCAL  LAWS— Internal  Transportation.    147 


Gcmuljjee  River  ltailrimd. 


nad  cmiaes 


uear  .Mm-.iTU 


■  VI.  Sec;  IV.  That  said  company  shall  have  powei ,  and  they  are 
hereby  required,  to  build  across  the  Ocmulgee  river,  at  the  city  ofsiudioon-. 
Macon,  where  said  rail  road  shall    cross  said  river,  an    open    stone «tan«bn!ige 
bridge  of  sufficient  width  and  strength  to  admit  of  a  double  track ro«ui  e 
for  said  railroad  and  for  a  carriage  and  foot  way  for  teams  and  pas- !*vl""»t 
sengers,  and  if  said  carriage  and  foot,  way  noon  said  bridge  shall  be'"''"'  'N| 
used  by  teams  aud  passengers,  no  charge  for  tolls  shall    i>.-  deman- 
ded or  received  by  said  company,  for  the  passage  of  such  teams  or 
passengers. 

'31.  Sec.  That  the  capital  sto  lid  company  shall   be  three 

millions  of  dollars,  to  be  divided  into  shares  of  one  hundred  dollars-"'-*  !i, 
and  the  sum,1  tub-  transferable  on  the  books  oF  said   compiuy,  as 
may  be  prescribed  by  the  Board  ol  Directors;   and  no  stockholder 
indebted  to  -aid  company  shall  transfer  his  or  \icv  stock,  without  the 
consent  of  a  majority   of  the  Directors. 

35.  Sec.  VI.'  That  the  perso  e  mention  dlactasaSl 
Board  of  Directors,  until   said  company  shall    be  lizedJ^SoiSiM 
and  until  a  new  Board  shall  b               I.    '  '"'• 

36.  Sec.  VII.  At  any  time  after  one  hundred  thousand   dollars 
of  the  capital  stock  of  said  company  shall   be  subscribed   for   and,, 
paid,  in  such  currency  as  shall  be  received  by  the  State  of  Georgia  ««***,  whjn 
tor  taxes,  a  permanent  Board  of  Directors   shall    be  cnosen,  after 
giving  twenty  days'  notice   to  the  stockholders,  by  publication,  in 

one  or  more  of  the  newspapers  published  in  the  city  of  Macon,  of 
a  meeting  of  said  stockholders  to  be  called  for  that  purpose;  said  Board  mo 
Directors  shall  have  power  to  elect  one  of  their  number  Presideut  «•«»»■»*  »n,- 
of  said  company,  and  to  appoint  such  other   officers  as  they  maypnviiw^ 
deer.:  necessary  and  proper  for  said  company,  and  to  pass  such  by- 
laws as  they  may  think  proper  tor  the  government  of  said  compa- 
not  repugnant  to  the  constitution  aud  laws  of  (his    State;  aud 
tthe  said  board  of  Directors  shall    hold  their  office  for   the  term  of 
one  year,  and  until  their  successor'-  arc  elected  :  and  io    all    cases,  ,.     ,  . 
the  stockholders  shall  have  the  right  to  vote  in  person,  or  by  prox\T,fo1  v,,,r 
under  power  of  Attorney  duly  executed.  :  and  the  number  ot'vo.tes 
to  which  each  stockholder  shall    be  entitled,  shall  be  according  to 
the  number  of  shares,  he,  she,  or    they   may    hold,    either  in  their 
•own  right,  or  as   Guardian,    Executor.    Administrator,    agent   or 

.  for  at  least  one  month  previous  to  said  election,  one  vote  r.;  trd  „,, 
ibr  each  share  ;  the  board  of  Directors  shall   have  power  to  fill  alloiiESSt**' 
vacancies  which  may  occur  in  their    board    until  the  next  annual' 
election  by  the  stockholders,  and  shall  fix  the  compensation  of  the 
President  of  said  company,  five  of  whom  shall    constitute   a  quo-t»«» 
rum  for  the  transaction  of  business,  "f  whom  the    President  shall 
I  be  one.  except  in  :  sickness  or  necessary  absence,  when   his 

place  may  be  filled  by  one  of  the  board  present,  to  beelccted  Pres- 
ident pro.  tern,  by  a  majority  of  the  board  pre*  Kn<,i„.f.ufc- 
36.  Sec.   VIII.   That  the  board  of    Directors  lor  the  time  being, SjSffSJdk 
•shall  be  authorized  to  open  books  of  subscription   to  tic   capital  3fL*Ji2ET 
stock  of  said  company,  at  such  times,  and.at  such  places,  as   thev,*  r"»fB«w*- 


148    PRIVATE  AND  LOCAL  LAWS— Internal  Transportation, 


Macon  &   Western  Railroad. 


or  a  minority  of  them,  shall    designate:  and   prescribe    the  terms 

and  conditions  of  such  Bubsc-iiptipn  for  such  stock. 

37.  Sec.  IX.  That  all  questions  concerning  the  right  of  way. 
Mnnfuing  between  said  company  and  the  owners  of  land  through  which  said 
Sglt'ol  wBy]|oa(j  may  run,  shall  be  tried  and  determined  according  to  the  pro- 
^8c"pu      visions  of  the  fifteenth  section  of  an  Act,  approved  December  J4th, 

LS3-5,  to  amend  an  Act  to  incorporate  the  Central    Railroad  Canal 

Company  of  Georgia. 
'  w  38.  Sec.  X.  That  the.    power  of  taxing     said   Railroad   Bank 

8t,..-k /-"-stock*  and  its  appertenances,  is  hereby  reserved  in  the  Genera!  As- 

ea  by  General  1  I  '•  ■    ■  •  * 

Awembij.     sembly. 

Fr.igiu.md      39.'Sec.  XI.  Be  it  further  enacted,  That  the  freights  and  charges 

•?.Tf,> !,»''!•  of  this  Railroad  shall  always  bo  subject  to  the  control  of  the  Leg- 

iivecontr-ol.     is]atur0. 

Sec.  XII.  f  All  conflicting  laws  are  hereby  repealed. 
As  this  bill  has  passed  by  over  two-thirds  majority,  I   yield  my 
assent  to  it,  March  23d,  1 864.  JOSEPH'  E.  BROWN, 

Governor. 


tFor  duration  of  chartersee  Resolution   No.  57  of  this  Pam. 

MACON  AND  WESTERN  RAIL  ROAD. 

Sec  Hi.  Macon  ami  Weali  ;n  Rail  Road  anthoi  izedto  charge  same  fare  and  freight  as  Central 
Hail  Road. 

(No.    11  i>.) 

An  Act  to  amend  an  Act  to  amend  the  charter  of  the  Macon  and  Western 
Railroad  Company.,  absented  to  Dectmbei   II,  LS63.. 

40.  Section  I.   The  Gcnwal  Assembly  of    Georgia  do  enact,  That 

M    ^  W  R  R  /»   1 1 

authorized  to  the  before  recited    Act   be    amended  as  follow.-  :  the  Macon  and 
fareSd8"16  Western  Railroad  si,;, 11  hereafter  be  entitled    to   charge   for   iias- 

Ireigbt  as  ,  ,.     .     ,         ,  ,  • ,  i  -i         - 

Central  it.  K.gengers  and  freight  the  same  rates  per  mile  as  are   charged   or  may 
liereafter  be  charged  by  the  Central  Railroad   of  this  State. 

11.  SEC.  II.  That  so  much  of  the  act  of  the  1 4th  December, 
1803,*  as  is  in  conflict  with  the  1st  section  of  this  Act,  and  all  oth- 
er laws  conflicting  are  hereby  repealed. 

Assented  to  March  19,  1804. 

*For  Aqt  referred  to,  see  page  65  of  this  Pamphlet. 


PRITATE  AND  LOCAL  LAWS— Relief.  149 


Tax  Receivers  and  Collector* 


TITLE    V. 


HEUEF. 


Sec.     1.  Proaiuhlo  &*  to  Justin-  of  allowing  Trx  Receivers  and  Collectors  of  oertain  larger 
iiiics  nnmed,  commissions  »n  collections  of  "State  [ncome  Tax."     Commissions 
allowed,  and  to  be  drawn  by  Governor's  warranl  on  the  State  Treasury. 

(No.    120.) 

An  Act  for  the  relief  of  tltc  Tax  Receivers  and  Collectors  of  the  counties 
of  Richmond,  Chatham,  Muscogee,  Bibb,  Decatur  and  Fulton  for  the 
year  ]  SG3. 

Whereas,  by  an  Act  of  tlie  Legislature  assented  to  November 
30th,  1 661.,  the  officers  6f  Tax  Receiver  and  (  Elector  of  this  State SmSiS  Z- 
were  consolidated,  and  only  the  commissions  of  one  officer  was  al-j^k*^ 
lowed  for  the  service  of  both  offices,    in  the  collection  of  the  Gen-^^0,™^ 
eral  State  tax  :  and  tin1  largest  commission  allowed  to  any  one  of- ;, 
ficer,  not  being  more  than  fifteen  hundred  dollars;  and  whereas,  in^'";;,;;'J,^;,11,e 
the  > ear  1862,  the  Legislature  passed  a  special  Act  taxing  incomes 
of  Traders,  Manufacturers,  &c,  the  proceeds  of  which  were  direc- 
ted to  be  appropriated  to  the  families  of  indigent  soldiers  ;  and  no 
provision  being  made  for  the  payment  of  the  collection  of  this  tax, 
the  Governor  and  Comptroller  General  allowed  all  other  Tax  Re- 
ceivers and  Collectors   the  usual  commission  on  said   tax,   but  dc- 
clined  to  allow  the  Tax  Receivers    and  Collectors   of  Richmond, 
Chatham  and  Mm  iny  commissions,  and  the  Tax  R  - 

ceivorsand  Collectors  of  Bibb,  Decatur  and  Fulton   counties,  but 
partial  commissions,  because  of  thai  provision  of  the  Acl  of  13.61, 
whiebprohibited  any   one   Tax    tfecciver  and  Collector  receiving 
more  than   fifteen   hundred  dollars  for  his  services — ;  and  when 
the  passage  of  the  Acl  of  ISG1,    the  currency  greatly  depre- 
id,  making  the  ainounl  received  in  LS63,   as   commissions,  not 
.  and  hardly  one-fourth  as    much  as  it  was  in    1^',].  when  the 
[red  dollars  limit  was  prescribed, 

1.  Section   I.   Be  it  enacted  by  tin   Gcn> 
That  the  Tii  id    Col!  of  the   counl  .'^ 

mond,  Chatham,   Mu  Bibb,  Decaturaud    Fulton,  be  allow-£ 

ed  the  usual  for  the  collection  of  the 

income  tax  of  their  counties  for  tl  .   withoul  regard  t<> 

the  :  for  the   collection    of  the  general  S< 

tax,  or  without  r<  the  limit  contained   in  the  proviso  of  the 

mber,  L861  :  and  his  Excellency  the  Govern- 
or, be  directed  to  draw    his   warrant  upon   the  Sta  jury  for 
which  have  been  paid  into  the  Treasury. 

Assented  to  March  19,  IS64. 


RESOLUTIONS 

ADOPTED    BY 

THE     SENATE 

A  N  D 

HOUSE  OF  REPRESENTATIVES, 

OF   THE 

STATE     0  F     GEORGIA, 

AT  THE  CALLED  SESSION  OP  THE     GENERAL     ASSEMBLY,  HELD   I N* 
MARCH,    1">64. 


No.  37.  Acknowledgment,  with  pride  and  grat- 
itude, of  the  Battle  Flags  of  the  rOtti 

and  50th  Geo.  Regt's.  through  Gen. 

Goode  Bryan  ;  tl  i  safely 

deposited  in  the  State  Capitol. 
"  33.  Counsel  to  be  employed  in  prosecutions 

for  unlawful  uistillation,   and    paid 

for  services. 
"  :> I.  The  suspension  of  the  |>'  ivilegea  of  the 

writ  tit'  Habeas  Corpus  by  the   last 

Congress,  declared   unconstitutional 

and  unjustifiable  ;  and  our  members 

in  Congress  request  d  to  insist  on  its 

immediate  rep  'al. 
"  tO,  Declaratory    <>>  i"   undiminished    oonfi 

tli-ncc  in  the  patriotism  and  integrity 

of  President  Davis. 
■    II.  Mail  line  from   Dublin   to  Mount  Ver- 
non, recommended. 
Mail  line  from  Jefferson  t"  Gainest  ille, 

recommen 
Mail  line  from  Grantsville  aud  Green 

villi-  recommend*  d 
"   II    Recommetds tliut  the  Governor  intei 

pose  no  61  , i - -i 1 1  in 

Military  A.  :  ■     ■  t;..\ . 

to  interpose  for  relief  of  lliosonol  Vol 

unteering  in  time,  hu\  iuq   I 

rolled  in  t 
l.'i  Creditors  of  II .  I'.  Livii  Rstonol  I 

id  I:   II     Mc(    '-Ly  ..i  Fulton 

i  '•>.  - 

"Income  Tax."' 

(Xo.  *?.)•      , 
/.' •  e  (n  certain  BoUlU  Fie 

Whereas,  Brigadier  General  Goodc  Bryan  has  transmitted  to 

'For  the  purpose  of  con veniei  the  number!  ationa  of  the  Extra 

comuenoes  from  the  last  number  oi  ;!•  Ml'll.Ei; 


No.   !<i.  Peace  desirable,  and  on    what  terms 

only  tn  In-  sought 
1  47-  Thank*  to  our  re-enlisting  Georgi 

i  1 1  n  -  ut  s. 
;   is.  Gov.  authorized  to  appoint  agents  tn 

distribute   Relief  rand    for  soldiers' 

families,  whive  Infr.    Limits    fail   tu 

inrge  duty. 
•  49.  Refugees  trom  Certain  counties  author- 
ized tn  receive  and  purchase  corn 
from  State  agents,  in  whatever  coun- 
ties Buoll  refuge;  s  may  be. 

■  50.  Purchase  of  wagons  and  teams  to  trans- 
i  Sri  corn  from  Railroad  to  in< 
tan  ipproved, 

51  Gov.  authorized  to  fund  all  Confeder- 
ate money  belonging  to  the  state  in 
6  pel  ■  and  to 

Si  U  the  latter. 
1  52.  Fi.rin  and  style  nf  State  I'leasmy  nuti - 
to  be  issued. 

■  53.  Act  incorporating  Oomulgee  Rivei  Rail 
1  ( lompany  consti  ued,  as  tn  lim- 
>o  of  charter. 

•  •I    Lav  -  and  Jburnnlt  to  be  Bent  to  men 
bers  <if  tin-  General   /  ssembl 
vetaiyaiid  Clerk. 

ued  in  a  l\  at 


152  RESOLUTIONS. 


Rattle  flags— Distillation— Habeav  Corpus. 


.  -fthe  State  ol"  Georgia,  the  battle  flags  of  the  tenth  and  fiftieth  Geor- 
gia   regiments   attached     to    Bryan's    Brigade,    accompanied  by 
statements    of  the  various  engagements  in  which  these  regiments 
have  been  engaged  : 
cdwitupride      Therefore  be  it  resolved,  That  the  State    of  Georgia  accepts  with 
aurt  tr,  I.,  pu- pride  these  evidences    ot  the    valor   or  her  sons,  and  that  the  Ad- 
jutant General  be    instructed  to  arrange  them  in  the  same  manner 
as  directed  by    the    resolutions  of  the  last  session  of  the  Legisla- 
ture in  reference  to  similar  flags. 

Resolved  further,  That  the   Adjutant  General  be  further  directed 
irke*to  have  attached  the  statements  of  the  various  engagements  men- 
tioned   in  the  accompanying  papers,  to  the  Hags  of  the   regiment's 
to  which  they  respectively  belong. 


Approved  to  18  March,  I  SC  f . 


(No.  38.) 


Preamble. 


Gov.  may  ''in- 


Whereas,  Parties  arrested  in  the  State,  under  the  different 
acts  for  the  suppression  of  unlawful  distillation,  are  frequently 
discharged,  and  the  objects  of  the  law  defeated  for  the  want  of 
counsel  to  prosecute  the  same  on  tho  part  of  the  State,  and  the 
fees  prescribed  by  law  in  such  cases  being  inadequate  to  secure 
the  services  of  competent  counsel.     Therefore, 

1st.   The  General  Assembly  of  Georgia  do  Resolve,  That  in  all  ca- 
omuiei  ses   where    parlies   are   arrested  under  any  ofthe  laws  for  the  sup- 
persoD«eharg-pression  of  unlawful    distillation,   in  which    summary   process   is 

id  with   mi-   *■  ,  ,     ,       -  .  .  />i  i"  l 

lawful aistii.  provided  lor  the  suppression  ot  the  same,  the  Governor  be 
authorized  to  employ  counsel  to  represent  the  interest  of  the 
State,  and  to  pay  them  such  fees  for  their  services  as  in  his  judg- 
ment shall  be    reasonable  and  just. 

Assented  to  March  19,  1SG1. 


(No.  39.) 

Resolutions  on  the  Suspension  of  the  Habeas  Corpus. 

The  General  Assembly  of  the    Stoic   of   Georgia    do    resolve,    I 

•  , That,  under  the  Constitution  of  I  he  Confederate  States,  there;  is  no 

power  to  suspend  the  privilege   of  the   writ  of  habeas  corpus,  but 

''-in  a  manner,  and  to  an   extent,  regulated  and    limited  by  the  ex- 

'm-press,  emphatic  and    unqualified   constitutional  prohibitions,  that 

"No  person  shall  be  deprived  of  life,  liberty,  or  property,  without 

due  process  of  law,"  and  that  "the  right  ofthe  people  to  be  secure 

in  their  persons,  houses,  papers  and  effects,  against  unreasonable 

searches  and  seizures,  shall  not  be  violated,  and   no  warrants  shall 

issue  but  upon  probable  cause,  supported   by  oath  or  affirmation, 

and  particularly  describing  the .places  to  be  searched  and  the  per. 


RESOLUTIONS.  153 


HnliCHa  Corpus. 

sons  or  things  to  be  seized."  And  this  conclusion  results  from  the 
two  following  reasons*:  First,  because  the  power  to  suspend  the 
writ  is  derived,  not  from  express  delegation,  but  only  from  impli- 
cation, which  must  always  yield  to  express,  conflicting  and  re- 
stricting words.  Second,  because  this  power,  being  found  no 
where  in  the  Constitution  but  in  words  which  are  copied  from  the 
original  Constitution  of  the  United  States,  as  adopted  in  17^7, "• 
must  yield  in  all  points  of  conflict  to  the  subsequent  amendments 
of  1789,  which  are  also  copied  into  our  present  Constitution,  and 
which  contain  the  prohibitions  above  quoted,  and  were  adopted 
with  the  declared  purpose  of  adding  further  declaratory  and  re- 
strictive clau 

2va\.  That  "due  process  o>  law"  for  seizing  the   persons  of  tin 
people,  as  denned   by  the   Constitution    itself,  is  a  warrant  issued 
upon  probable  cause,  supported  by  oath  or  affirmation,  and  partic  : 
ularly  describing  the  persons  to  be  seized,  and  the  issuing  of  Buch »ffi™«"«'. 

J  l        _  o  particularly 

warrants  being  the  exertion  of  a  .Indicia!  power,  is,  if  done  by  any1 

~  I  »        >  »     "    pw.MUi  to  bo 

branch  of  the  government  except  the  Judiciarv,  a  plain  violation •?'«•£'  "?d 

i  ^  '  I  (lie    (...mis 

of  that  provision   of  the  Constitution   which   vests  the  Judicial  ',""" ,Hn  '*-< 
power  in  the  Courts  alone  :  and  therefore  all  seizures  of  the   per 
sons  of  the  people,  by  any  officer  or  the  Confederate  Government, 
without  warrant,  and  all  warrants  for   that   purpose  from  any  but 
a  Judicial  source,  are,  in  the  judgment  of  this  General  Assembly, 
unreasonable  and   unconstitutional. 

3rd.  That  the  recent  act  of  Congress  to  suspend  the  privilege  <<' 
the  writ  of  habem  corpm  in  cases  of  arrests  ordered  by  the  Presi 
dent,  Secretary  of  War,  or  General  officer  commanding  the  Tra 
Mississippi  .Military  Department,  is  an  attempt  to  sustain  the  mil- 
itary authority  in  the  exercise  of  the  constitutional,  Judicial  func- 
tion   of  issuing  warrants,  and  to  give   validity  to  unconstitutional 
seizures  of  the  persons  of  the  people  ;  and  as  the  said  act,  by  its 
express  terms,  confines  its  operation  to  the  upholding  of  this  el 
of  unconstitutional  seizures,  the  whole  suspension  attempted  to  be 
authorized  by  it.  and   the  whole  act  its<  If,  in  the  judgment  of  tl 
ral  Assembly,  are  unconstitutional. 
it,  in  the  judgment  of*  thi 

i    upon  the  constitutional   power  ol 
upon  the  libi  i ';.  i  'pie,  and  beyond  the  poA 

I  while  our  S 
-  are  earnestly  ui 
irtunit  y  to  havi 
its  validity  to  the  Courts,  with  the  hope,  thai  the  people  and   I 
militi  i        ill  abide  ion. 

,i.   That. 
people  and  our  noble  srmy  h 
with   the  (..  ,  Mr.  Lincoln,  >  is  a  faithful  adh 


ence  to  it  on  the  pari  of  our  own  Government,  through  good 

i  o  bud  pnm 


tune    in   arms,  and    through    bad,  one  of  tl  •  ^"' 

our  strength  and    final  success  :   because  the   constant   contrasl    of 


154  RESOLUTIONS. 


Confidence  in  President  Davis — Mail  Route: 


constitution;!]  Government  on  our  part,  with  the  usurpations  and 
tyrannies,  which  characterize  the  Government .  of'our  enemv,  under, 
the  ever  recurring  and  ever  false  plea  of  the  nee  of  war, 

will  have  the  double  effect  of  animating  our  people  with  an  uncon- 
querable zeal,  and  of  inspiring  the  people  of  the  North  more  and 
more,  with  a  desire  and  determination  to  put  an  end  to  a  contest 
which  is  waned  by  their  Government  openly  against  our  liberty 
and  as  truly,  but  more  covertly,  against  their  own. 

Approved    March  19th,  1S64. 


(No.  40.) 

A  Resolution  expressive  of  the  confidence  of  this  General  Assembly  >n  ilir 
integrity  and  patriotism  of  President  Davis. 

Resolved,  That  notwithstanding  the  difference  of  opinion  enter- 
tained by  members  of  this  Legislature  in  reference  to  the  wisdom 
and  constitutionality  of  the  recent  Act  of  Congress  suspending  the 
iSuSr^ufi-  privilege  of  the  writ, of  Habeas  Corpus,  the  General  Assembly  of 
SrtriStumlt  Georgia  hereby  express  our  undiminished  confidence  in  the  integ- 
rity and  patriotism  of  Jefferson  Davis,  Chiet  Magistrate  of  the 
Confederate  States. 

Assented  to  19  March,  1864. 

(No.  41.) 

Resolved,  by  the  Gncrral  Assembly  of  the  State  of  Georgia,  That 
Miir  Senators  and  Representatives  in  Congress, be  requested  to  use 
their  influence  in  having  the  mail  route  between  Dublin,  in  Lau- 
rens County,  and  Mount  Vernon,  in  Montgomery  county,  re-es- 
tablished ;  and  that  the  Governor  cause  a  copy  ol  this  resolution  to 
be  sent  to  each  of'our  Senatorsand  Representatives  in  Congress. 

Approved  March  17,  1SG4. 


(No.  42.) 

L  S 

Resolved,  That  our  Senators  and  Represent? tives  in  Congress,  be 

requested  to  use  their  influence* to  have  a  tri-weekly  mail   run  be- 

.i.V«"Vt','tween  Jefferson,  in  Jackson  County,  and  Gainesville,  in  HallCoun- 

''-.'im.i'ud-   ty  ;  and  that  the  Governor  cause   a  copy  of  this  resolution  to  be 

forwarded  to  each  of  our  Senators  and  Representatives. 

Assented  to,  March  15,  1S64. 


RESOLUTIONS.  .     155 

Conscript  Act— II.  P.  Livingston  and  R.H.  McCroskey. 

(No.    i:J.) 

Resolved,  1st,  That  our  Senators  and  Representatives  in  Congress, 
be,  and  are  hereby  requested,  to  use  their  influence  to  have  a  daily  "°^nTrI£t- 
mail  (Sundays  excepted,)  run  between  G-rantville,  Georgia,  on  the  v!i{2«S^Bl" 
Atlanta  andWest  Point    Rail    Road,    to    Greenville,    Meriwether  ,n""d"''' 
County,  in  this  State. 

Resolved,  '2ml,  That  His  Excellency  the  Governor  furnish  each 
of  our  Senators  a;id  Representatives  in  Congress,  .with  a  copy  of 
the  above  Resolutions. 

Absented  to,  March-  17,  1SG4. 

(No.  44.) 

.1  U' solution  in  relation  to  the  recent  Military  Act  of  Congress. 

• 

The  General  Assembly  do  Resolve,  That  this   General   Assembly,  gov.  to  inter- 
declining  to  express  aiiy  opinion  as  to  the  wisdom  of  the  »Act  pas- otetothe  ea- 
sed by  Congress  enrolling  such  persons  as  had  been  enrolled  under  the  uto  mui- 
the State  law,  recommend  that   his  Excellency  interpose  no  obsta-c<! 
cle  to  its  enforcement  ;  and  the  GroveAior  is  requested  to  open  a  cor-,!i't„  com*' 
respondence  with  the  Secretary  of  War,  and  request  him  to  exon-s/l'-'y.' 
crate  from    the   penalties   of  said  Act,  such  persons  between  the  thoJe* wL°did 
ages  of  seventeen   and  eighteen,  and  forty-live  and  fifty,  who  did Sme.eB 
not  volunteer,  or  enroll,  wii  hin  the  time  specified,  supposing  their 
enrollment  under  the  State  law  to  be  legal. 

Havinsr  Riven  my  views  upon  this  quest  iou,  in  my  M  tlie  G<  aeral  Assembly,  and 

ion,  I  yield  to  their  recommendation,  this  *J".M  Mnrch,  1864. 

JOSEPH  E.  BROWN,  Governor. 

(No.  45.) 

Whereas,  U.  P.  Livingston,  of  the  County  of  CJ inch,  failed  to 
ma&£  ;i  return  of  his  Income  Tax,  for  the  year  Ml:!,  and  conse- 
quently was  assessed  aa  a  defaulter,  and  charged  with  a  tax  of  fifty 
thousand  dollars,  which  was  afterwards  increased  to  ontf  hundred 
thousand  dollars,  hv  the  issue  of  execution.     And  the  said  Living- 

■ 

s ton,  after  having  swindled  many  good  citizens  of  Georgia,  ran 
away  t<>  the  enemy,  and  his  creditors  having  asked  that  the  State 
should  only  claim  the  tax  due,  and  nut  claim  the  full  default  ;  and 
the  Governor  and  Comptroller  General  having  investigated  the 
matter,  and  agreed,  (with  the  sanction  of  the  Legislature,)  to  re- 
e  ten  thousand1  dollars,  in  full,  of  all  demands  of  the  State, 
against  the  property  of  the  said  Livingston,  for  his  default,  which 
sum  ha-  been  paid  into  the  State  Treasury ;  And  whereat,  K.  II. 
McCrosky,  of  the  County  of  Fulton,  having  also  failed  to  make  his 
return    for    his    Income    Tax,      was    also  assessed   a   Tax  of  fifty 


156  RESOLUTIONS. 

The  tenna  of  peace. 

thousand  dollars,  which  was  afterwards  increased  to  one  hundred 
thousand  dollars,  by  issue  of  execution:  and  upon  examining  into 
the  matter,  the  Governor  and  Comptroller  General  having  agreed 
to  receive  two  thousand  dollars,  in  full,  of  said  default,  provided, 
the  same  be  sanctioned  by  the  Legislature}  and  the  said  two  thou- 
sand dollars  having  been  p;iid  into  the  Treasury; 

!>'  it  therefore  Resolved  by  the  Senate  and  Ifyvse  of  Representatives,  of 

the  Slate  of  Georgia,  That  the   Ming  already    paid  into    the    State 

Treasury,  on  account  of  the  default  of  H.  P.  Livingston,  and  R.  II. 

McCrosky,  be    deemed,  and  taken,  as  in  full,  for  the  Tax  due  by 

^;;;7itsaid  parties;  and  the  Sheriff  of  Clinch  County,  be  directed  to  enter 

ronrwLfa*as  satisfied,  theji/a  vs.  II.  P.  Livingston,  upon  the  payment  of  all 

costs"occurring  on  the  same,  by  the  creditors  of  the  said  Livingston  ; 

and  that  the  Sheriff  of  Fulton  county  be  directed  to  enter  theji/a 

vs.  R.  II,  McCrosky  satisfied,  upon  the  payment  of  all  costs  on  the 

same,  by  the  said  K..IJ.  McCrosky. 

sented  to  March  JS,  ISG4. 


(No.  40.) 

Resolutions  declaring  the  ground  on  which  the.  Confidante  States 
stand  in  this  //<//•,  and  the  terms  on  ichich  -peace  ovght  to  he 
offer <d  to  the  enemy. 

[the     General  Assembly    <f   the    Stati   of  Georgia  <h>  resolve,   1st, 

o^t.That  to   secure  the  rights  of  life,  liberty,  and  the  pursuit  of  hap- 

,:^iU  piucss.  "Governments  were  instituted  among  men,  deriving  their 

p|£'just  powers  from    the  consent  of  the  governed;  that    whenever 

^V\Q any  form  of  government  becomes  destructive  of  these  ends,   it  is 

wenr^thwo  the  right  of    the  people  to  alter  or  to  abolish  it,  and  to  institute  a 

new   government,  laying  its  foundations  oil    such    principles,  and 

organizing    its   powers  in  such    fbrm  as  shall  seem  to   them   most 

likely    to  effect  their  safely  and  hajtpinei 

2nd.  That  the  best  possible  commentary  upon  this  crand  text  of 
:;..„  ei •  iiid.-our  fathers    ot    1776,  is  their   accompanying  action,  which  it  was 
■put  forth  to  justify:  and   that  action  was  the  immortal  declaration 
that  the  former  political    connection  between  the  Colonies  and  the 
State    or  Great/JBritain,  was  dissolved  and    the    thirteen  Colonies 
were,  and  of  rigilt,   cuglit  to   be.  not  one   independent  State,  but 
thirteen    independent    States,  each  of  them  being  such  a  "people" 
asliad  the  right,  whenever  they  choc  to  exerpiseit,to  separate  them- 
selves from   a  political   association  and  government  of  their  former 
choice,  and  institute  a  new  government  to  suit  themselves. 
.  ,,i       3rd.  That  if  Rhode  Island,  with  her  meagre  elements  of  nation- 
ality, was  such  a  '-people"  in  1770,  when  her  separation  from  the 
gi    eminent  and  people  of  Great  Britain  took  place,  much  more 
•'..'  'was  Georgia  and  each  of  the  other   seceding  States,   with  their 
pVenuent.  large  territories,  populations  and  resources,  such  a  "people,"  and 


RESOLUTIONS.  .  157 


Tin*  terms  of  peace. 


entitled  to  exercise  the  same  right  io  1861,  when  they  decreed 
their  separation  from  the  Government  and  people  of  the  United 
SUites;  anil  if  the  separation  was  rightful  in  the  first  case,  it  was 
more  clearly  so  in  the  last,  the  right  depending,  as  it  does  in  the 
case  of  every  "people"  for  whom  it  is  claimed,  simply  upon  their 
fitness  and  their  will  to  constitute  an  independent  State. 

4th.  That  this  right  was  perfect  in  each  ol  the  Slates  to  he  ex- 
ercised by  her  at  her  own  pleasure,  without  challenge  or  resistance 
from  any  other  power  whatsoever;  and  while  these  Southern 
States  had  long  had  reason  enough  to  justify  its  assertion  against, 
some  of  their  faithless  associates,  yet,  remembering  the  dictate  ofT1)1. ,,.,„„,.,  „r 
"prudence"  that  "governments  long  established  should  not  be;;;|;,;,,(1at™d 
changed  for  light  and  transient  causes,"  they  forbore  a  resort  t o  ;'!^  °flRs£ 
its. exercise,' until  numbers  of  the  Northern  Slates.  State  after 
State,  through  a  series  of  years,  and  by  studied  legislation,  had  ar- 
rayed themselves  in  open  hostility  against  an  acknowledged  provi- 
sion of  the  Constitution,  and  had  at  last  succeeded  in  the  election 
of  a  President  who  was  the  avowed  exponent  and  executioner  of 
their  faithless  designs  against  the  Constitutional  rights  of  their 
Southern  sisters — rights  which  had  been  often  adjudicated  by  the 
Courts,  and  which  were  never  denied  by  the  abolitionists  them- 
selves, but  upon  the  ground  that  the  Constitution  itself  was  void 
whenever  it  came  in  conflict  with  a  "higher  law"  which  they 
could  not  find  among  the  laws  of  God,  and  which  depended,  foi 
its  exposition,  solely  upon  the  elastic  consciences  of  rancorous 
partisans.  The  Constitution  thus  broken,  and  deliberately  and 
persistently  repudiated  by  several  of  the  States  who  were  parties 
to  it,  ceased,  according  to  universal  law,  to  be  binding  on  any 
of  the  rest,  and  those  States  who  had  been  wronged  by  the 
breach,  were  justified  in  using  their  rights  to  provide  "new  guards 
for  their  future  security." 

5th.  That  the  reasons  which   justified  the  separation  when  it 
took  place,   have  been  vindicated   and  enhanced  in  force  by  the 

cqneul    course   of  the  Government    of  Mj\    Lincoln— I  tfvfuiil 

emptuous    rejection   of  the   Confederate  Commissioners  win 
were    sent    to  Washington  before  the  war,  to  settle  all  mai  »winofMr 

difference  without  a. resort  to  arms,  thus  evincing   his   determina- 
vvar:  by  his  armed  occupatio  itory  of  the 

Confi  tnd   especially  by  his  treacherous  attempf  to 

reinforce  his  garrisons  in  their  midst,  after  they  had,  in  pursuai 
of    their   right,  withdrawn    their  people  and  territory  from    the 
jurisdicti  .eminent,  thus  rendering  war  n  necessity,  and 

illy   inaugurating  the  present  lamentable  war:    by   his  official 
denunciation  "(  the  Confederate  St  •  "rebel"  and  "disloyal" 

State-,  for  their  rightful  withdrawal  from  their  faithless  assoc 
States,  whi!  d  of  censure  has  ever  fallen  from  him  against 

those  faithless  St  itea  wh<  ruly  "disloyal"'  to  the -Union  and 

the  Constitution,  which  was  the  only  cement  of  the  Union,  and 
who  were  the  true  authors  of  all  the  wro.ng  and  all  the  miscl 


pnrn- 

'      lly 


158  RESOLUTIONS. 

I'd.'  terms  ot'  peace. 


of  the  separation,  thus  insulting  the  innocent  by  charging  upon 
them  the  crimes  of  his  own  guilty  allies:  And  finally,  by  his  mon- 

>U8  usurpations  of  power  and  undisguised  repudiation  of  the 
Constitution,  aud  his  mucking  scheme  of  seeming  a  Republican  form 
of  government  to  sovereign  States  by  putting  nine-tenths  of  the 
people  under  the  dominion  ot  one-tenth,  who  may  be  abject 
enough  to  swear  allegiance. to  his  usurpation,  thus  betraying  his 
design  to  subvert  true  constitutional  republicanism  in  the  Nortl' 
as  well  as  the  South. 

6th.  That  while    we    regard  Che    present     war   between    th< 

Confederate  States  and    the  United   States  as  a  huge  crime,  whose 
r""''' ...  i         .  j  i        ■  ii  .i 

beginning  and  continuance  are  justly  chargeable  to  the  govern- 
ment of  our  enemy,  yet  we  do  not  hesitate  to  affirm  that,  if  our 
own  government,  and  the  people  of  both  governments,  would 
avoid  all  participation  in  the  guilt  of  its  continuance,  it  becomes 
all  of  them,  on  all  proper  occasions,  and  in  all  proper  ways — the 
people  acting  through  their  State  organizations  and  popular  as- 
semblies, and  Cur  government  through  its  appropriate  departments 
— to  use  their  earnest:  efforts  to  put  an  end  r.o  this  unnatural,  un- 
christian and  savage  work  of  carriage  and  havoc.  And  to  this 
end,  we  earnestly   recommend  that  our  government,  immediately 

.   after  signal  successes  of  our  arms,  and    on   other  occasions,   when 
After  iisnal    "  r>    .  .  ,       .  .      .        „ 

iuooeMofonrnone  (.;ni  minute  its  action  to  alarm,  instead  ot  a  sincere  desire  tor 

arum,  aud  on    "  -  JT  .,  ,,     .     .        ~. 

aii appropriate »,<>,,,.,,    s|,;,j]  make  to  the  government  of  our  enemv,  an  ofliciat  oiler 
it...-  of     0f  neace.   on   the  basis  ot  the    great  principle   declared    bv  our 

peaox  should    v'l  ,      ,  .  .  •     j     i  it-  • 

beoffloiaUy   eomnion   fathers  :n  1  /  /<>,  accompanied   by  the  distinct  expression 

t-.-ndiTi-d  the    '-'"  rn  "1  ■•  «x 

enemy  on  tie  0f   .,     \v  i  1 1 1 1 1 12  11CSS,  Oil   OU1'    part,    to  follow  tliat     ])ri:)C!ple  to  US  tlllO 

^ri'at  prinri-    v  * 


jn-at  prmn-    -  i  •  i  i  l  » 

pii-D  of  i77fi.  i(),rical  consequences,  bv  agreeing  that  any  border  otate,  whose 

and  in   pnrau-  '"O  ,       '  '.V  °  ,  1    *     i  i        /  1  i  i 

«neeor|t,tteprefercnce  (or  0ur  association  may  be  doubted,  (doubts  having 
allowed  t»  [,,.,,,,  expressed  as  to  the  wishes  of  the  border  States)  shall  settle 
choice  effa.  fae  question  for   herself,  by  a  Convention,   to  be  elected  for  that 

"'""•  purpose,  after  the  withdrawal  ot'  all  military  forces,  of  both  sides, 

from  her  limits. 

7th.  That  we  believe    this   course,  on  the  part   of  our  govern- 

JoiLTi»i eUment,  would  constantly  weaken,  and  sooner  or  later,  break  dowu 
the  war  power  of  our  enemy,  by  showing  to  his  people  the  jus- 
tice of  our  cause,  our  willingness  to  make  peace  on  the  principles 
of  1770,  and  the  shoulders  on  which  rests  the  responsibility  for  the 
continuance  of  the  unnatural  strife;  that  it  would  be  hailed  by  our 
people  and  citizen  soldiery,  who  are  bearing  the  brunt  of  the  war, 
as  an  assurance  that  peace  will  not  be  unnecessarily  delayed,  nor 
their  Bufferings  unnecessarily  prolonged;  and  that  it  would  be  re- 
gretted by  nobody  on  either  side,  except  men  whose'importance, 
or  whose  gains,  would  be  diminished  by  peace  and  men  whose 
ambitious  designs  would  need  cover  under  the  ever-recurring  plea 
of  the  necessities  of  war. 

8tii.  That  while  the  foregoing  is  an  expression  of  the  sentiments 
of  this  General  Assembly  respecting  the  manner  in  which  peace 
should  be  sought,  we  renew  our  pledges  of  the  resources  and  pow- 


RESOLUTIONS.  159 

i>  {-enlistment  of  Cm.  troops — Relief  fund. 


In  meantime, 
reBout- 


cr  of  this  State  to  the  prosecution  of  the   war,  defensive  on  our[j{tme 
part,   until  peace  is  obtained   upon  just  and  honorable  terms,  and  $£*  pigged 
until  the  independence  and  nationality  of  the  Confederate  States'^?] 
is  established  upon  a  permanent  and  enduring  basis. 

Approved  March  19th,  ISC.  I. 

(No.  47.) 

Resolutions  in    refen  (littminl    of  all    the  Georgia  Regi- 

ments. 

The  (!■  A'scmbbj  of  Georgia   do    resolve,  That   the   reenlist- 

meht  of   all  of  our    Georgia  regiments    has  inspired    within  the 

o  t  i  i  and 

bosom    i  ir.i.'    Georgian,  sentiments  of  the  highest  esteem  *^j££|u£ 

and  gratitude  for   the   heroic   endurance,  fortitude  and   chivalry, 

disp:  i:,  iii  this  additional  instance  of  self-sacrifice. 

Res  i  iial:    we    pledge    ourselves    to    make    all  need 

ful  appr  ;s  for  the    support  and    benefit    of  the  destitute 

and  suffering  families  of  these   gallant  troops,  so  long  as  the  ex  i -;',;;;•''" 

gencies  :ountry    may  require    their  servipes    in    the  field 
of  battle. 

Approved  to  March   If),  1SGJ. 


(No.  4S.) 

A  li  ence  to  the  distribution  of  tJte  relief  fund  for soldier3 

families. 

Resolved,  That   whenever   the  Governor   is  informed   that  tb 
Justices  of  the    Inferior  Court  of  any   county  in   this  State,  sliall  .•»--►  ...ht 
fail  or  refuse  to  do  their  duty  towards   the  citizens  of  the  county 
with  reference    to  the  proper    distribution    of  the  relief  fund   fori 
sold  that  he    be    authorized  to   appoint    an   agent  to 

take  charge  of  the  fund  for  said  county,   and   disburse  the    same; 
Provided  the  person  so  appointed    shall  not    be  liable  to  military 
duty  under  the  net  of  the  Congress  of  the  Confederate  State's,   and^*^^^ 
provided  ".    \    that    the    Governor    shall   require    such    agent    to;;;^.'^  "* 
<-nter  itito  bond  with    security    in  such  amount  as     he  may  judge 
proper  lor  tin-  faithful  discharge  of  his  trust. 

Assi  March  1 8,  1 SG  1 . 


(No.  4!».) 

Wheri  ■  -.  The  last  Legislature  of  the  State  of  Georgia,  madean 
appropriation  of  corn  for  certain  of  the  destitute  counties  in  this ttmmM°' 


160  RESOLUTIONS. 

iroving  action  of  Gov.— Confed.  Treasury  >.'.>t.-s. 


State;  and  whereas,  aportion  of  said  counties,  are  now  in  poss 

,  of  the  enemy,  and  the  citizens  of  the  same  have  been  driven 
from  said  counties,  and  arc  now  settled  in  the  various  counties  of 
this  State; 

Be  it  resolved  by  the  General  Assembly  of  Georgia,  That  citizens  of 
said  counties,  entitled  to  the  benefits  of  said  acts,  be  permitted  to 
:  ET  receive  from,  or  purchase  corn,  of  the  agents  of  the  State  appoint- 
ed by  the  law.  at  any  point  in  the  State  most  convenient  or  at  any 
~':,tl'  point  according  to  their  option;  tin'  said  purchase  to  be  made,  un- 
der the  restrictions*  limitation,  ;iud  in  the  manner  pointed  out  by 
said  act.* 

Assented  to,  March  17th,  LS64. 

*  For  ad  of  this  Pamphlet. 

(No.  50.) 

A  Resolution  approving  the  action  of  the  Governor  in  purchasing  wagons 
and  tennis  for  the  transportation  of  com  from  the  Rail  Road  to  indi- 
gent, soldiers'  fa  mil  lcs. 

Resolved  l»i  the  Senate  and  House  <>f  Representatives  in   funeral  As- 
sembly meti  That  the  action  of  the  Governor    in   the  purchase   of 
K'!l-  wagons   and  teams    for  the    transportation  of  corn  from  the   Rail 
opprtv!'.r"  Road  to   indigent    families  of  soldiers,  was  judicious  and    prudent, 
and  the  purchase  and  payment  for  the  same  as  communicated   to 
us,  meet  the  approval  of  this  General  Assembly. 

Assented  to  March  IS,  1SG4. 


(No.  51.) 

The  General  Assembly  of  the   State  of  (Georgia  do  resolve,  That  His 
Gov. author-  Excellency  the  Governor,  be,  and  he  is  heieby  authorized,  to  have 
JduTeTx funded  in  six  percent  bonds,    provided  for  by  the  act  of   Congress, 
n»^»n (•.;!!- all  Confederate  notes  which  may  remain  in  the  Treasury,  or  may 
lu^i.'Vt'othi- be  in  the  hands  of  tin;  financial  agents  of  the  State,  after  the  first 
t0t<%        day  of  April    next;    and  to  sell  and  dispose  of  such  bonds  at  their 
market  value  in  currency,    which   can  be  made   available  in  pay- 
ments to  be    made  by    the  Treasury;  and  to  credit  the  Treasurej 
uqd°wabriot  with  any   losses  that    may  accrue,  by  reason' of  the  failure  of  the 
beeiowrPS!f  bonds  to  bring  their  par  value,  when  sold. 
Assented  to,  March  17th,  1SC4, 


Pre! 


RESOLUTIONS.  1CJ 

State  Treasury  Notes— Ocmulgee  River  Railroad. 

^No.  5-,?.) 

Resolutions  prescribing   the  form  of  the  issue  of  State    Tteastnij    A* 

under  the  Act  of  the  V2th  December,  1863. 

Whereas,  under  an~  Act  of  the  General  Assembly  assented  to 
December  12th,  186$,  "to  provide  for  raising  revenue  for  the  [to-1 
litical  year  1864,  anil  for  oilier  purposes,  His  Excellency  the  Gov- 
ernor is  authorized  to  raise  the  money  necessary  to  meet  the  ;>p- 
propriations  for  1864,  till  the  taxes  can  be  collected,  by  negotiating 
a  temporay  loan  for  the  amount,  needed  to  be  paid  at  The  end  of  * 
the  year  in  currency,  or  if  he  cannot  negotiate  such  loan,  he  n 
have  issued  Treasury  notes  of  this  State,  payable  in  Confederate 
States  Treasury  notes  at  the  end  of  the  year,  and  the  Confederate 
notes  when  collected  lor  taxes,  shall  he  deposited  in  the  Treas- 
ury, and  there  remain  to  redeem  said  .State  notes  so  issued  ;  and 
whereas,  the  late  action  of  the  Confederate  Slates  Congress  has  ren- 
dered the  present  issue  of  Confederate  Treasury  notes  unsuita- 
ble as  a  currency,  after  the  first  of  April  next,  and  it  is  inexpe- 
dient to  borrow  or  use  the  same,  and  it  now  becomes  necessary  for 
the  Governor  to  issue  as  early  as  possible,  Treasury  notes  of  the 
State  of  Georgia,  to  meet  appropriations  of  the  State,  and  espe- 
cially to  pay  to  the  indigent  soldiers'  familes  the  lir^t  quarters' 
pay  for  their  support,  in  accordance  with  the  apportionment  which 
has  just  been  made  ;  that  these  Treasury  notes  may  be  issued  in 
accordance  with  the  above  recited  Act,  and  that  the  terms  of  the 
same  may  be  fully  understood  on  the  face  of  each  note;  be  it 
therefore, 

Reeolved  by    fir    Senate   mid  House  of  Representatives  of  the  State  of 
siti,   That  the  style  and  form  of  said  Treasury  notes  thus   au-si 
thorized  to  be  issued,    shall  be  as  follows  :  '•  The  State  of  GeorgiaT 

will  pay  the   hearer dollars  at   her  Treasury  on  the  25r.hu,t*d.fc'  ** 

of  December  next,  in  Confederate  Treasury  notes  issued  after  the 
firs'  oi'  April  IS64,  i:'  presented  within  three  months  after  matu- 
rity, otherwise  no1  liable  except,  in  payment  of  public  dues.*' 
'  b  it  furth  r  e  \  fori  Mi  \  shall 
have  been  paid  i  -Mate  Treasury,  His  Excellency  the  Gov-1*"*  nfci 
ernor.be  authorized,  if  he  thinks  proper,  to  deposit  Confederate 
Treasiir  >f  the  new  issue  in  a  I  the  Banks  of  Au- 
gusta, Savannah,  Macon,  Columbus  and  Atlanta,  to  redeem  said 
iry    noii-  -,.  issue  1. 

Appro  i   17,  I  -64. 

(No.  53.) 
Resolutions  constr\  rtain  act  of  this  General  Assembly. 

Whereas,   During  the  pn  -ion  oft  he  General  Assembly, 

a  bill  was  passed  entitled    "An  Act  to  incorporate  the  Ocm  uL 
11 


l62  RESOLUTIONS. 


liuw*  ;iu<t  Journals,  a  s. 

River  Rail  Road  Company,  and  for  other  purposes  therein    mcn- 

Bxpianauo  tioned,"  which   may   l)e  construed  to  grant  perpetual  powers  to 

plirateoamd-aaid   corporation;  and  wJiereas,  it  was  the  intention  of  the  Legisla- 

''     ture  to  restrict  said  corporation  to  the  time  prescribed  by  the  Code 

of  Georgia. 

There/ore  be  it  resolved,,  That  the  General   Assembly  do  declare, 
^  .   ,    •,  that  it  was  intended  and  designed  to  restrict  the    grant  of  power 

Charter  limit-  «-"'*«'   4V/  _  .  •      1        »•     i   •  i      1  i   • 

eduao7ear>.^0  gajj  corporation,  to  a  period  of  thirty  years;  and  that  tins  reso- 
lution be  accepted  and  considered  as  a  part  oi  said  act  of  incorpo- 
ration. 

Assented  to,  March  2o,  1SG4. 

(No.  54.) 

Rewind  by  the  Senate  and  House  of  Representatives,  That  His  Excel- 

Lawiand     leucy  the  Govti'iior,  bo,  and  is  hereby  directed,  when  thcLaws  and 

iSHSMta  Journals  of  this  Extra  Session,  as  well  as  the  regular  Session,  shall 

"oSS"  have  been  printed,  to  cause  to  be  forwarded  to  each  member  of  the 

v'an.i  Senate   and  House  of   Representatives,.. also  the  Secretary  of  the 

':1"k'         Senate  and  Clerk  of  the  House  of  Representatives,  a  copy  thereof. 

Approved  March  L7,  1SG4. 

(No.  55  ) 

1  resolution  in  relation  to  the  publkatwn  and  dutriiut'ton  of  the  Acts  <>t 
the  General  Assembly. 

Whereas,  Groat  irtcopv.enien.ee  is   felt  by   the  citizens  of  this 
State,  in  the  delay  of  the  publication  of  the  Laws  enacted  by  the 
General  Assembly;   Be  it  thep 
,„v  to  have      Resolved  by  the  Senate  and  House  of  Representatives*  That  the  Gov- 
ofthisState,  cause  to  be  collected  and  published,  in  a  conve- 
5Sota£rfnifint  form,  all  the  Public  or  general  Laws,   so  soon  as  the 

,ri1  shall  receive  his  approval;  and  that  one  copy  of  the  same  be  seal 
SS.to  each  of  the  Judges  of  the  Supreme  and  Superior  Courts,  and  8 
i^rKr-cdpy'tothe  Qlerks  of  the   Superior   and  Inferior  Courts,  and  the 
Ordinaries  of  each  of  the  several  counties  of  this  State,  and  to  the 
fr'.MuTun.u-  1118m]c>ers  0f  the  Legislature;  and  that  the  expenses  of  said  publica- 
tion be  paid  for  from  the  Treasury  of  this  Slate. 
Assented  to  March  IS,  1SG4. 


, 


INDEX 


TO 


LAWS  OF  BOTH  SESSIONS. 


ACADEMY  FOR  BLIND. 

$12^000  for  support  of,  12 

$1.5.009    for  repair  of    build- 
ings, I  23 
ADJUTANT  &  IXSPMi  GEN'L. 
Rank  changed  to  Major  Gen- 
eral, 5S 
APPROPRIATIONS. 

To  pay  salary  of  Governor,  6 

"     •«         "  '    '•  Secy  of  Si  are.    c> 
'k     "         "      "  Treasurer,  6 

"  "  ••  "  Oomp.  Gen'l,  G 
"  \*  "  "  See's  Ex.Dep't,G 
"  "  ••  ';  Mes'r  «•  "*  G 
".  "  ••  "  State  Librarian,©! 
"  "  '•  "  At. &.So's Gen'l, C 
"     "        '•      "  Rep'rofSup. 

Court,  G 

"  pay  Ci'k  of  Supreme  Courj 

for  Stationery,  &c,  6 

"  pay  Salaries  of  Judges  of 

Supreme  Court,  G 

"  pay  Salaries  of  Judges   of 

Superior  Court,  6 

Contingent  Fund  IS<  G 

Printing  '.'         ■•  6 

To  pay  for  airing  and  cleaning 

Legislative  Halls,  u 

To  pay  for  winding,  &c,  State 

House  <  ilock,  6 

To  pay  Staff-House  Guard,  G 

To  pay  of  Officers  and  Mem- 


bers of  Legislature, 

To  pay  for  cleaning  and  light- 
ing chandaliers, 

Gov.  to  pay  for  services  per- 
formed where  no  special  ap- 
propriation is  made, 


G-7 


Appropriations — Continued. 
Salaries  fixed  bylaw  appropri- 
ated annually,  7 
Advances  by  Treasurer,                7 
To  Geo.   Relief  and  Hospital 

Association,  S 

$2,000,000  appropriated  for 
purchasing  clothing  for  Ga, 
Soldiers,  s 

i$6.00Q.OOO  appropriated  for 
indigent  families  of  Soldiers, 

S 
$500,000    to  procure  Salt  for 

poo,  S 

$200,000  to  manufacture  wool 

and  cotton  cards,  &c,  S 

si, ()()?. 095  to  pay  public  debt,  S 
Salary  of  Sup't  Military  Institute,  9 
Military  fund  for  IS6  !.  !> 

Guard  State  iue,  0 

Military  Store-Keep  \t  atMill- 
edgeville,  9 

Salary     of     Kc-  Clerk, 

Ex^Dep'i  9 

Page  of  Hoi  Lepresenta- 

s.  !) 

lion.  Win.  If! erringtoh,  per  Ji- 
nn and  mileage,  9 

Hon.  Me.  srs.  Warren  and  Gra- 
ham, for  expenses  in  accom- 
panying home  remains  of 
i  Ion.  \\  .  ..  Herrington,  9 

Advance  to  Public  Printer.  9 

ToHenning8en  Hospital, Rich- 
mond Va.,  9 
750.000       appropriated    for 
purchase  of  Steamer,  .            \n 

Stationery  for  Executive  De- 
partment, io 


1^4 


INDEX. 


Appropriations — Continued. 

Door-Keepers  House  and  Sen- 
ate, extra  allowance, 

Hon.  Richard  Clark,  for  super- 
intending printing  Code, 

Expenses  of  Committee  visit- 
ing Academy  for  the  Blind, 

Rev.  Samuel  Biggins,  for  ser- 
mon on  Fast  day, 

Secretary  of  State  for  fuel, 
lights  and  other  contingen- 
cies, 

For  support  of  State  Lunatic 
Asylum  for  1SG4, 

Rev.  Joseph  J.  Ridley  as  Chap- 
lain of  the  Senate, 

$25,000.00    appropriated    for 
purchase  of  Forge  hammers 
and  Gudgeons, 
James  S.  Walker  for  servi- 
ces to  conference  committee,  11 

R.  B.  Knight  for  services  to 
conference  committee. 

Pay  of  compiler  of  the  Laws 
of  ISO 3. 

Hons.  G.N.  Lester,  B.  11.  Big- 
bam,  N,  C.  Barnett  and  S. 
S.  Stafford;  foi  services  in 
preparing  new  Great  Seal 
for  the  State, 

Pay  of  4th  Geo.  Brigade  for 
arrearages, 

Pay  of  Harriet  M.  R.  Morit- 
molin,  Admr'x,  over-pay- 
ment of  tax, 

Pay  of  Westley  Sheffield;'over- 
pay  incut  of  tax, 

Pay  of  Officers  and  Members 
of  General  Assembly,  called 
Session,  )%l- 

Pay  of  N.  C.  Barnett,  for  sta- 
tionery and  fuel, 

Pay  of  Page  oi  House  of  Rep- 
resentatives, called  Session, 

Pay  for  repairs  of  Academy 
for  the  Blind, 

Pay  of  support  of  two  mute 
girls  for. 1864, 

Pay  of  Rev.  Mr.  Fulwood,  as 
Chaplain  of  the  Senate,  cal- 
led Session,  123 


Appropriations —  ( 'out in  ucd. 

Pay  of  Rev.  Me.  Flynn,  as 
Chaplain  of  the  House  of 
Representatives,  called  Ses- 
sion, 

$1,000,000  appropriated  for 
purchase  of  cotton  cards; 

Pay  for  deficit  of  common 
school  fund  for  Wilcox  coun- 

ty. 

Pay  of  Tax  Collectors  and  Re- 
ceivers in  certain    counties 
for  collecting  Income  Tax, 
JO  ASYLUMS. 

Lunatic  Asylum, 
Academy  for  the  Blind, 
$15,080    appropriated   to  re- 
pair Academy  for  Blind, 
ATHENS  STEAM  COMPANY. 

Name  changed, 
ATLANTA. 

Corporate  limits  extended, 
Salary  of  Mayor  fixed, 
Salary    of  City  Council,  how 

determined, 
Mayor  and  Council  may  issue 
license,  to  retail  spirits,  and 
regulate  the  same, 
Power  as  to  shows,,  theatres, 

&c, 
In    absence   of  Mayor,   three 

Council  men  may  fine, 
Bonds  of  City  Officers,  how  es- 
timated and  approved, 
AUGUSTA. 

Power  of  Judge  of  City  Court 
in  cases  of  /uzbeas  corpus and 
possessory  warrants, 
B. 
BANK  OF  WHITFIELD. 
May  do  banking   business 
Atlanta, 
BANKS  AND  BANKING. 
Stay  law  re-enacted, 
Treasury  certificates  may 

issued  for  State  notes, 
State  to  issue  one  million 
«  change  bills, 
Dank  of  Whitfield. — 
Location  in  Atlanta, 


10 


1! 


1.1 


II 


1  I 


/  -] 


95 


97 


122 
122 
123 
123 


J  23 
123 

136 

149 

12 
12 

123 

90 

S6 
S6 

86 

S6- 

87 
87 
S7 

90> 

15 

13 
be 

13-14 
in 

14 

15 


at 


INDEX. 


165 


Banks  and  Banking — Continued. 
North-Western  Rail  Road  Bank — 

May  bank  at  Atlanta, 
Traders  and  ImporU  rs  Bank  — 
Name  changed, 
Banks,   taxable     on     Capital 
stock,  assets,  real    and  per- 
sonal estate,  ad  valorem,  for 
Soldiers  families. 

c. 

CAMP  GROUNDS. 

Disturbances  of,  punishable, 
( >ther  remedies, 
CARDS. 

$200,000     appropriated      for 
purchase  Cotton  cards  and 
materials  for  making, 
$1,000,000  additional  forsame 
purpose, 
CATOOSA. 

8,000    bushels  of  corn  to  be 

supplied  to, 
How  and  on  what  terms  dis- 
tributed, 07 
CHANGE  BILLS. 

One  million  dollars  of.  may  be 

issued, 
Of  what  denominations, 
Additional  Clerks  allowed, 
Compensation  of  Clerks, 
For  what  purpose  paid  out, 
CHARLTON  CO. 

Cl'ks  office  of  Sup'r  and  InPr 
Court,  where  kept. 
CHATTOOGA  CO. 

0,000  Bushels  corn  to  be  sup- 
plied to, 
How  and  on  what  terms  dis- 
tributed, 07 
CITY  COURTS. 
Judge  City  Court  of  Augusta 
may  issue  and  try  writs  of 
habeas  corpus, 
Also  possessory  warrants, 
Offices  of  J.  Pa'  ui  Savannah, 
whore  hi  Id, 
CODE  OF  GEORGIA. 
Sec.  4459  repealed, 
"     1855  amended, 
"       Gil  amended, 
"     2480  amen. led, 


I  Code  oj '  (xa.  —  O ' n t in  ued. 

"     2287  repealed  in  part,         47 
1-5      See's  3  and  12  repealed,  •  48 

"      165S  repealed,  48 

15  "     2509,    2510s    2512   and 

3018  (on  same  subject  mat- 
ter) repealed  in  part,  49 
Sec.  7S6  amended,  49 
7::        "     633  repealed,                      '  oo 
"     1030  amended,                     50 
•     "      lr»?(>  amended,                      123 
G 1         "  '      110  amended.                      124 
04  COLUMBIA  &  AUGUSTA  R.R.  CO. 
Incorporated,                         1  :i7— 146 
COLUMBUS. 

Marshall,    Deputy    Marshall, 
8  Clerk   and    Sexton,  elected 

by  general  ticket,  ^7 

123       Election  when  held,  87 

CONTINGENT  FUND. 

S50.000  appropriated  for,  6 

67  CORN. 

To    be    supplied    to    certain 
-68  Counties  named,  67 

[COTTON 

Of  C.   S.  Gov't  exempt  from 
IA  taxation,  134 

It  COUNTY  LINES. 
15      Between  Sumter  and    Terrell 
1-5  changed,  92 

L5  COUNTY  OFFII  ERS. 

Act     repealed,    consolidating 
offices  of  Tax  Collector  and 
45'         Receiver,  16 

Takes  effect  1st  Jan'y  1864,        18 
(  lommissious  limited,  16 

<'>'<      Time  extended  for  final  settle- 
ment in  certain  Counties,       .17 
-68      Fees  of  Ordinaries,  17-18 

County  Treasure  rs  hold  office 

two  years,  18 

Bonds    ol   Tax  Collectors  and 

90  Receivers  reduced.  124 
Ml       Not     less    than    2,    nor    more 

than  10  securities,  allowed,  124 

91  Time    extended,    to    perfect 
bonds,  125 

16 

OUNTY  REGULATIONS.* 
4?      A<  t     repealed     compensating 
•1?  Petit  Jurors  in  Emanuel  Co.,  92 


16G 


INDEX. 


County  Regulations — Continued* 
Am'fc  of  Sheriffs  bond  in  Mc- 
intosh Co.  fixed, 
Inf'r  Court  of  Warren  Co.  may 
levy  taxes  without  recom- 
mendation of  Grand  Jury, 
COUNTY  TREASURERS. ' 
Term  of  office  two  years, 
D. 
DADE  COUNTY. 

8,000    Bushels  of  corn  to  be 
supplied  to, 
DAWSON. 

Town  charter  amended, 
Tax  on  shows,   retail  license, 
itinerant    traders.     &c,    au- 
thorized, 
DAWSON  CO. 

3,000  bushels  of   corn    to    be 
supplied  to, 
Dow   and   on 
distributed, 
DESERTERS. 

Concealing  <>r  assisting,  penal,    63 
DISTILLATION. 

Stills  run  contrary  to  law  pub- 
lic nuisances,  1 9 


03 

93 

18 

07 
87 

SS 

(57 

what    terms 

G7-6S 


Education — Continued. 

In  absence  of  Ordinary,  funds 
may  be  drawn  on  certified 
return  of  Cl'k  Sup'r  or  Inf. 
Court,  25 

How  estimated,  when  no  re- 
turn, 25 

Surplus  fund  may  be  used  for 
soldiers'  families,  2-5 

Clerks  Court  of  Ordinary  may 
draw  in  certain  cases,  26 

Greensboro'  Female  College 
authorized  to  sell  its  real 
and  personal  property,  94 

Name .  of  Walton  Academy 
changed,  94 

Deficit  of  common  school  fund 
of  Wilcox  Co.  for  1SG3,  ap- 
propriated, 136 
ELECTIONS. 

Soldiers  may  vote  for  munici- 
pal officers,  26 

Regulations  for  voting,  27 

Soldiers  may  vote  for  any  civ- 
il officers,  27 

Forms  and  regulu  lions  fur  vo- 
ting. 27-28 


Proceedings  to  suppress,        19-20  EMANUEL  CO. 


Warrants  transmitted  to  Gov. 

in  certain  cases, 
Stills  seized,  to  be  paid  for, 
Confed.    Gov't    may  contract 

under  conditions, 
Violations,  how   punished, 
License  to  distill  Alcohol  may 

issue  ufider  restrictions, 


Act  compensating  petit  jurors 
repealed, 
1  EMPIRE  INSURANCE  CO. 
Incorporated, 
EVIDENCE. 

Secondary    proof    of     deeds, 
bonds,  &c,  in  certain  cases, 


20 


22 
99 


23 


92 


31 


120 


Warrants  returnable  in.5  days,  125  EX'RS,  ADM'RS,  GUARD'NS,  &c, 


Cases  may  be  continued,  125 

Compulsory  process  on  Jurors,  126 
Cases,  where  tried,  126 

DIVORCES. 

Libellant  or  respondent  may 
have  verdict  according  to 
testimony,  45 


E. 


EDUCATION. 

Per  diem    for   teaching   poor 

children,  24 

Time  extended  to  make  returns,   24 


Authorized  to  invest  in  State 
or  Confederate  Bonds,  29 

Must  file  petition  and  obtain 
order  from  Judge  of  Sup'r 
Court,  29 

Returns  how  made  to  Ordn'y,     29 

Same  as  to  land  and  negroes,      29 

Sale  notices  to*be  published  in 
paper  of  largest  circulation,     30 

Inventory  and  appraisement  of 
real  estate  to  be  made,  >7 

"Property  may  be  administered 
on  in  counties  to  which  it 
is  removed,  in  certain  cases,  127 


INDEX. 


107 


"Executors,  $v. —  Continued. 

Adm'rs,   &c,    may    invest    in 
(Jonfed  4  per  cent  bonds, 


F. 


FAXXIN  CO. 

s, ()!)()   bushels  of  corn   to  be 

supplied  to,  0"/ 

How  and  on  what  terms  dis- 
tributed, 67-6S 
FORESTALLING  AND  ENGROS- 
SING, 
Made  indictable,  40 
Penalty,  16 
FORT  GATNES. 

Time  fixed  tor  electing  muni- 
cipal officers,  L3G 
FOURTH  GEORGIA  BRIGADE. 
To  be  paid  arrearages  for  ser- 
vices, 71 
I  iher  commands  similarly  .sit- 
uated, also  paid,  7  1 


O. 


GREENSBORO' FEMALE  COL- 
LEGE, 
127      May  sell   its  property  to  pay 
debts, 
Title  how  eonveved, 
GRIFFIN. 

Time  fixed  for  election  of  May- 
or and  Aldermen, 

TI. 
HABEAS  CORPUS. 

Forfeiture  for  refusing  in  grant 
writ  of, 
HABERSHAM  CO. 

4,000   bushels  of  com  to   be 

supplied  to,  07 

How  and  on   what  terms  dis- 
tributed. 67-68 
HENNINGSEN  HOSPITAL. 

$500,000  appropriated  fur  5> 

BOMti  INSURANCE  CO. 

Incorporated,  33-11 


94 

94 


88 


45 


30 


<;■; 


GENERAL  ASSEMBLY. 

Hour  of  meeting  changed, 
GA.  MILITARY  INSTITUTE. 

Salary  Sup't  of, 
GA.  RELIEF  AND  HOSPITAL 
ASSOCIATIOX. 
$500,000  appropriated  for  use 

of, 
How  expended. 
Day   of   annual    meeting    of 

Board  chan 
Exemption  of  two  agents  on 

Cow's  certificate, 
Importation  of  supplies  author- 
ized, 
Appropriation  how  drawn, 
GILMER  C<>. 

8,000  bushels  of  corn  tobesup- 
*  plied  to, 
How  and  on  what   terms  dis- 
tributed, 67-68 
QLYNN  CO. 

Inf.  Courts  where  held,  43 

GREAT  SEAL. 
Committee  who  prepared,  to 
be  paid,  11 


I.      • 

IMPRESSMENTS. 

Illegal  impressmeuts  made  pe- 
rn;!, 

Impressing  without  authority 
how  punished,  62 

Parties  impressed  may  demand 
written  authority  of  agents, 

Failure  to  exhibit  prinuifacie 
evidence  of  want  of  au- 
thority, 63 

Gov.  authorized  in  certain  ea- 
ses to  impress  rolling  stock 
of  Railroads,  128 

Railroad  tracks  may  be  used,     12;> 

Compensation  how  determin- 
ed, 129 

E x p ense  ho w  paid ,  1 2 ! > 

INCOME  TAX. 

Who  liable  to  pay,  SO 

How  rendered  in.  and  for  what 
time, 

Graduation  of  t;<  81 
Failing  to  make  returns,  pe- 
nal, •  SI 
Fnjust  returns  penal,  Si 
Defaulters  double  taxed,  81 
Liable  to  Penitentiary,  81 


f<7< 


INDEX. 


JOHNSON  ACADEMY. 
Name  of  "Walton  Academy" 

changed  to, 
Commissioners  confirmed, 
Powers  ot  commissioners, 


me  Tax — Continued. 
Comrni  illowed  for  col- 

lection in  Richmond,  Chath- 
am, Muscogee,  Bibb,  Deca- 
and  Fulton,  149 

j  NTERNAL  TRANSPORTATION. 

M;i con  &   Western  R.  R.  may  L. 

charge  same   rates  as  Cen-  LAAVREXCEYILLE. 

tral  R.  U.  65      Corporate  limits  extended, 

Columbia  &  Augusta  R.  K.  in- 
corporated, l-'JS-MO 
Ocmulgee  R.  R.  incorporated, 

147-148 
Rates  on   Macon   &   Western 


R.  R., 

See  Railroads  in  Index. 


Corns,  to  have  powers  of  Jus- 
tices of  The  Peace, 

Powers  and    duties    of  Presi- 
dent and  Board, 

Compensation  of  President, 
148  LUMPKIN  CO. 

4,000   bushels  of  corn   to  be 
supplied  to, 

How  and  on   what  terms  dis- 
tributed. 6? 


94 
95 
95 


SS 

so 

89 

67 

-GS 


JUDICIARY. 

Jury  boxes  to  be  reorganized 

on  1st  June, 
Who  liable  to  duty, 
Adjournments  of  £Up'r  Courts 

legalized  in  certain  cases, 
Sup'r  and  Inf.  C'ts  of  Glynn 

Co.  wife  re  held, 
Inf.  C'ts  of  Miller  &  Stewart 

Cos.  when  held, 
Sup'r  and  Inf.  Courts  of  Mcin- 
tosh Co..  where  held. 
Time  for  holding  Pike  Inf.  C't 

cl/anged, 
Offices  of  Cl'ks  Sup'r  and  Inf. 

C'ts  of  Charlton  Co.  to  be 

at  Court  House, 
Inf.  Court  of  "Washington  Co. 

(for  county  purposes)  held 

1st  Tuesdays  in  each  month,  135 
Trusts1    may    be   created    lor 

male  persons  of  sane  minds, 
Respondent   may  recriminate 

in  divorce  cases,  and  verdict 

according  to  proof, 
Foifeiturelor  refusing  to  grant 

writ  of  habeas  corpus, 
Marriage  between  first  cousins 

legalized, 
Secondary  proof  of  deeds,  &c, 

in  certain  cases, 
See  Code  of  Ga.  in  Index. 


M. 


MANUFACTURING  GO'S. 

Law  amended  as  tc  procuring 
charters  for, 
43!  MARIETTA. 

Taxation  of  citizens  limited, 

43  Street,  and  road  duty   may  be 
apportioned, 

44  MARRIAGES. 
Publication  of  banns  unneces- 

44 


sary, 
Between  first  cousins  legaliz- 

44  ed, 
MILITARY  FUND. 

S3,000,000  for  1S64, 

45  MILITIA. 
Militia  reorganized,  51 
(See  head  notes  for  full  synopsis.) 
Re-exam  inatians    authorized 

from  time  to  time, 
Additional  exemptions  allow- 
ed. 
McINTOSH  CO. 

Bond  of  Sheriff  fixed, 
Sup'r  and  Inf.   Courts  where 
held, 

MILLER  CO, 

Time    holding     Inf.     Courts 
changed, 
126  MONTMOLLIN,  HARRIET  M. 
Relief  of,  from  double  tax, 


47 


45 


45 


45 


-50 
89 
SO 

4S 
45 

9 
-58 

129 

130 

*93 

44 


44 
R. 
95 


INDEX. 


169 


MURRAY  CO. 

7,000  bushels  of  corn  to  be 
supplied  to, 

How  and  on  what  terms  dis- 
tributed, 07 

N. 
NAVY. 

Private  Companies  to  form 
Navy,  may  be  organized, 

Procedure  in  such  cases. 

Gov.  may  issue  certificates  oi 
Incorporation, 

Blockade  running  prohibited, 

Violations,  how  punished, 

Capital  stock  may  be  increas- 
ed, 
NORTH    WESTERN     RAIL 
ROAD  BANK. 

Authorized  to   transact  busi- 
ness at  Atlanta, 
NOTARIES  PUBLIC. 

Oath  prescribed, 

May  administer  Oaths  gener- 
ally, 

Seal  not  required, 

Former  attestations  without 
Seal  legalized, 

0. 
OATHS. 

Of  Notaries  Public,  defined. 
Of  Tax  Payers,  amended,       59 
OCMULGEE    RIVER     RAIL 
ROAD  COMPANY. 
Incorporated,  L4G 

OGLETHORPE  INSURANCE 
COMPANY. 
Incorporated.  34 

ORDINARIES: 

Fees  of,  !  7 

P. 
PATERSOX,  JAMES  T.  AND 
KATE  B. 
Legalizes  marriage  of, 
PAUPERS. 

Inferior  Court  to  provide  for 
•     burial, 
PENAL  CODE. 
Communcation   with    enemy 
penal, 


Penal  Code — Continued. 

Information    to     enemy     by 
67  slaves  of  free  persons  of  co- 

lor, penal,  Gt 

-6S  ..  Slaves  going  to  enemy,  how 

punished,  62 

Slaves  or  free  persons  of  color 
enticing  slaves  from  owner, 
how  punished,  62 

I  30      Illegal  impressments  made  pc- 
13 J  mil,  [Impressments)    62—63 

Concealing    or    assisting    De- 
1  :)l  serleis,  penal,  63 

|:>l       Disturbing    Camp     Grounds, 
l::i  penal,.  64 

Skinning  Stock  and  not  pay- 
133  ing  for  hides  penal,  64 

Allowing  slaves  to  rent  hous- 
es penal,  46 
Living    on    lots    apart  from 
15           owner  or  hirer  penal,                46 
PENITENTIARY.      , 

58  Salary  Prim  Keeper  of,  7*8 
PICKENS  CO. 

59  3,000  bushels  of  corn    to  be 

59  supplied  to,  67 

How  and  on  what  terms  dis- 
59  tributed,  67--6S 

PIKE  CO. 

Time  holding  Inferior  Courts 
changed,  44 

58  PRINTING  FUND. 
-60      $30,000  appropriated  for,  6 

Deficit  may  be  supplied  from 
Treasury,  6 

PUBLIC  DEBT. 

$1,007,095  appropriated  to 
pay,  8 

R. 

-isKABUN  CO. 

:;,(>00  bushels  of  corn  to  be 
supplied  to,  67 

How  and  on  what     terms  dis- 
96  tributed.  67 

RAIL  ROADS. 

Weekly    report  of  Btock  kill 
00         ed, 

Marks  and  brands  noted, 

Lists  how  posted, 
61      Liability  for  failure, 


-68 


65 
65 
66 
66 


132 
132 


]70  INDEX. 

Railroads — C  "nt  i  a  to  if.  . 

Must  keep  water  and  lights 
in  passenger  cars, 

Conductors  and  Agents  liable 
for  failure, 

To  be  given  in  special  charge, 

See  Internal  Transportation. 
K  A  VENAL.  J  AS.  AND    SAM- 
UEL P. 

Authorized  to  qualify  on  will 
of  Ross  C  Davis,  dee'd,  in 
this  State, 
RELIEF. 

Corn  to  be  purchased,  and  dis- 
tributed in  certain  counties. 

Expenses,  how  paid, 

State  Qr.  Master  to  employ 
agents  and  transportation, 

How  distributed,  07 

Money  from  sales,  how  dispo- 
sed of, 

Persons  misapplying  corn  in- 
dictable, 

Books  to  be  kept, 

Agents  removable, 

Purchase  and  shipment  of  corn 
to  Habersham  county  and 
other  destitute  counties, 

Commissions  allowed  in  cer- 
tain larger  counties  for  col- 
lecting "Income  Tax," 

reyenie. 

Assessment  of  taxes  to  raise, 

Not  exceeding  one  per  cent 
on  all  taxable  property, 

Specific  exemption  of  soldiers, 

Commissions  of   Tax  Collec- 
tors and  Receivers. 
ROAD  COMMISSIONERS. 

Not  exempt  from   Jury,  pat- 
rol or  Militia  duty, 
S. 
SALARIES. 

Of  Governor, 

"     Sec'y  of  State, 

•'     Treasurer, 

"     Comp.  General, 

"     Sec'ys  Ex.Dep't, 

"     Messenger, 

"     State  Librarian, 

"     Attv.  and  Sol.  Geuls., 


Sa la  re* —  Con  t  in  tied. 

•'     Reporter  Supreme  Court,        6 
"     Judges  Supreme         vi  6 

"  "        Superior  ••  0 

••     Sup't.  Geo.  Mil.  Institute,       9 
"     Sup't.  State  Lunatic  Asy- 

lum,  11 

"     Prin'l.  Keeper  of  Fenv.,        7S 
SALT. 

S-500,000  appropriated  to  sup- 
ply salt,* 
9G  SAVANNAH. 

Offices  of  Justices  of  the 
Peace,  where  held,  lJJ 

67  SHEFFIELD,  AYESTLKY. 
u      Relief  of,  97 

iSOLDIERS  AND  SOLDIERS' 
<>;  FAMILIES. 

Six  Million  Dollars  appropria- 
ted for  indigent  families  of 

68  soldiers,  09 
How  distributed,  70 

OS      Income  Tax  to  form  part  of 
OS  fund,  70 

Returns,  how  made,  71 

.Comp.  Genl.  shall   apportion 

funds,  71 

Mode  of  uiawing,  71 

Infr.  Court  to  arrange  for  safe 
custody,  71 

49      May  appoint  agents  for  distri- 
bution, 12 
Misuse  of  funds  made  penal,        12 
When  distributed,  70 
79      How    paid  on  removal  from 

one  county  to  another,  73 

Grand  Juries  to  investigate 
returns  of  Infr.  Courts  and 
agents,  73 

Banks  taxable  for  above  pur- 
pose, 73 
Arrearages  to  4th  Geo.  Brig.,.    74 
Specific  exemptions  of  soldiers 
0          from  tax,                                    79 
GTHE  SOUTHERN  INS.  CO. 
0      Name  changed,                             42 
0  SPRINGPLACE. 
6      Commrs.  may  issue  retail  li- 
6          cense,  90 
0      Selling  without  license,  how 
0          punished,  8-5 


INDEX. 


171 


STATE  HOUSE  OFFICERS. 

Salary  Comp.  Gen'l  increased,     76 

"       State  Treasurer     "  70 

Sec'y  of  State        <;         77 

State  -Treasurer  to  employ 
Clerk,  1  7 

Salary  See's  Ex.  Dep't  in- 
creased, 7  7 

"  Recording  Clerk  V.x.  De- 
partment increased,  7? 

"     Clerk  in  Comp.  Qeul's.  of- 
fice, 7^ 
STATE  LUNATIC  ASYLUM. 

Salary  of  Supt.  and  Resident 
Physician,  11 

Salaries  of  Trustees,  Treasu- 
rers, etc.,  11 

$.50,000  for  support  of  pauper 
patients,  12 

$20,000 to  purchase  provisions 
in  fall,  1:2 

$50,000  Contingent  Fund,  12 

How  raised  and  disbursed,  12 

STATE  PRINTER. 

Advance  to,  9 

Payincresed,  7S 

Mode  of  estimate,  7^ 

STEWART  CO. 

Time  holding  Inferior  Courts 
changed,  .  44 

STONEWALL  INS.  CO. 

Charter  of,  amended,  41 

Supreme    court   deci- 
sions. 

Reporter  to  furnish  Clks.  Su- 
pt •  riur  Court  in  pamphlet 
form, 

T. 
TANKS. 

Assessment  of,  for  1  SG  !.  7  0 

Wit  ti>  exceed  one  per  cent,         79 

Till  collected,  Governor  may 
borrow  or  issue  Si  ate  Dotes,     7!* 

Specific  ion    for  sol- 

diers, ,\i'.,  79 

CumniisHoiis  for  collection 
graduated,  7!) 

On  lands  of  refugees,  one  cent 
per  acre,  82 

Income  Tax-act,  80—8 1 


r 


49 


Taxes — Contin  ucd. 

Time  extended  to  collect  in 
certain  counties, 

Defaulters  double  taxed  first 
year,  four-fold  second,  &c., 

Infr.  Court  of  Chatham  coun- 
ty may  levy  extra  tax  to 
pay  house  rent  of  indigent 
families  of  soldiers,  97--9S 

Compensation  of  Tax  Collec- 
tor and  Clk.  Infr.  Court, 

Cotton  and  other  property  of 
Confed.  States  exempt  from 
taxation, 

Capital   stock,   assets,  &c,  of 
Banks  taxable, 
TAX  PAYERS. 

Oaths  of  non-resident,  amend- 
ed, 

"  On  general  return  of, 
amended, 

Double  tax  on  failure, 

Debts  due  returned  at  Confed- 
erate valuation, 

Returns  amendable, 

Shall  make  oath  of  not  refus- 
ing Confederate  money  for 
debts  due, 

See  Taxes  in  Index. 
TOWNS  CO. 

4,000  bushels  of  corn  to  be 
supplied  to, 

How  and  on  what  terms  dis- 
tributed,  07 

TRADERS  AND  IMPORTERS 
BANK. 

Name  changed, 
TRUSTS. 

.May  be  created  for  male  per- 
sons of  sane  mind, 


98. 


134 


73 


-59 

59 
09 

59 
59 


6<> 


67 


-G8 


15 


17 


I". 


ONION  CO. 

S,000    bushels  of    corn  to  be 

supplied  to,  07 

Bow  and  on  what  terms  dis- 
tributed, 67-GS 
W. 
WALKER  CO. 

1 0,0()()  bushels  corn  to  be  sup- 
plied to,  67 


172  INDEX. 

Walker  Co. — Continned. 
How  and  on  what  terms  dis- 
tributed, 67.-68 
WARREN  CO. 

Infr.  Court  may  levy  taxes 
withoul  recommendation  of 
( rrand  Jury,  93 

WASHINGTON  CO. 

Infr.  Court  (for  county  pur- 
poses) when  held,  1  35 

white  co. 

3, -300  busbels  of  corn  to  bo 
supplied  to,  67 


terms  dis- 
07 


) \  Iil/c  Co. —  Confix ued 
How  and  on  what 
tributed, 
WHITFIELD   CO. 

10,000  bushels  of    corn  to  be 

supplied  to, 
How  and  on  what  terms  dis- 
tributed, 67 
i  WILCOX  CO. 

Deficit  of  school  fund  of  1863 
allowed, 


7-68 


07 


7-68 


136 


INDEX  TO  RESOLUTIONS.* 


Jo. 

1 

u 

2 

(1 

3 

(( 

4 

a 

G. 

II 

7. 

(I 

8. 

It 

!>. 

(( 

10. 

II 

11. 

CI 

12. 

(( 

13. 

"  14. 

;'  J  5. 

"  L6. 

»  J7. 

'"  18. 


Confidence  in  the  President. 

Thanks  to  Gen.  Bragg  and 
his  army. 

Setting  apart  day  for  fast- 
ing and  prayer. 

.Sermons  of  ministers  foi 
publication. 

Requesting  appointment  of 
reliable  citizens  in  their 
respective  comities  as  im- 
pressing officers. 

Certain  mail  route  recom- 
mended. 

Certain  mail  route  recom- 
mended, 

Certain  mart  route  recom- 
mended, 

Certain  mail  route  recom- 
mended. 

Certain  mail  route  recom- 
mended. 

Civil  and  military  officers  of 
the  State  exempt  from 
conscription, 

War  to  be  prosecuted  to  in-i 
dependence. 

Recommends  relief  of  indi- 
gent families  of  soldiers 
from  tax  in  kind. 

Recommends  free  transpor- 
tation of  soldiers  on  fur- 
lough. 

As  to  pay   ol  d   vol- 

unteers. 

Requesting  Congr    -  to  pass 
laws  allowing  volunl 
to   elect;   their   field  and 

■    company  office 

Increase  OI  pay  to  privates 
and  non-commissioned  of- 
ficers. 

Provisions  to  be  furnished 
certain  counties. 


No.  19. 
"  20. 

"  21. 


"   22. 

* 

"  23. 

"    2  ! . 

"  20. 
"  26. 


"  27. 
•■  28, 
•  •  29. 


30. 
31. 

34. 


Spun  yarn  to  be  furnished 
certain  counties. 

Pro  rata  of  counties  to  be 
furnished  irrespective  of 
cost. 

Requesting  appointment  of 
citizens  of  the  respective 
counties  to  collect  tax  in 
kind. 

Purchase  of  tax  in  kind  in 
certain  counties  recom- 
mended. 

Suspension  of  the  collection 
of  the  tax  in  kind  in  cer- 
tain counties,  recommen- 
ded. 

Joint  committee  to  report 
tax  act  combining  the  ad 
valorem  and  net  income 
principles. 

Increase  of  depots  on  R,  R. 
to  receive  tax  in  kind. 

Tax  payers  to  return  num- 
ber of  sheep  and  dogs 
owned. 

Battle  Sags  acknowledged. 

Volunteer  navy  encouraged. 

Committee    to     investigate 
condition     and     man; 
ment  of  Western  & 

1  antic    R,  I!. 

Certain  books  to  be  furnish- 
ed Auditor  of  State  Road, 
ernor  may   raise  rates  of 
freight  and  travelon  S 
Road  from  time  to  time. 

.Respect  for  memory  and  ser- 
vices of  ('apt.  T.  G. 

Veil. 

Consolidation     of     certain 
□ding  conn 

Consolidation      of     certain 
mding  committees. 


'  By  reference  to  the  II-  'tions  on  pap^s  99  and  100  of  the  Regular  Scwion,  end  pnjro 

[51  of  the  Extra  Session,  particular  Beeolationi  mny  bu  more  easily  found.  MI'ILER. 


174 


INDEX. 


No.  35.     Committee  of  conference  on 

militia  bill. 

"  36.  Changes  in  Code  to  be  ar- 
ranged in  an  appendix  to 
the  laws. 

"  37.  Acknowledgment  of  battle 
flags. 

"  3S.  Counsel  to  be  employed  and 
paid  in  prosecutions  for 
unlawful  distillation. 

"  39.     Habeas  Corpus. 

"  40.  Declaratory  of  undiminish- 
ed confidence  in  the  Pre- 
sident. 

"  41.  Certain  mail  line  recommen- 
ded. # 

"  42.  Certain  mail  line  recommen- 
ded. 

"  43.  Certain  mail  line  recommen- 
ded. 

"  44.  Late  military  act  of  Con- 
gress to  be  executed. 

"  4-3.     Relief  of  creditors  of  IT.  P 
Livingston,  of  Clinch  Co. 
and  R.  H.  McCroskey,  of 
Fulton  Co., 


"  46. 

"  47. 

"  45. 

"  49. 

"  50. 

i;  51. 

"  ft  9 


"  54. 

"  55. 


As  to  peace,  and  the  terms 
of  its  procurement. 

Thanks  to  our  re-enlisting 
troops. 

Gov.  authorized  to  appoint 
agent  of  soldiers'  relief 
fund,  where  Inf.  Court 
fail  in  duly. 

Purchase  of  corn  by  refugees 
in  certain  cases. 

Purchase  of  wagons  and 
teams  by  (iov.  approved. 

Goy.  authorized  to  fund  Con- 
fed,  notes  in  G  per  cent. 
Copied.  Bonds. 

Form  and  style  of  State 
Treasury  notes. 

Act  incorporating  Ocmulgee 
R.  R.  Co.  explained,  as  to 

•     limitation  ot  charter. 

Laws  and  Journals  to  be  fur- 
nished members,  &c. 

Public  laws  to  be  published 
in  advance. 


•  *  V 


